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-   Checkpoints and Borders Policy Debate (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate-687/)
-   -   questioned by a fam (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/430334-questioned-fam.html)

FWAAA Dec 9, 2005 3:59 pm

Bruce, I see someone here moving some goalposts. And it's not you. ;)

bocastephen Dec 9, 2005 4:01 pm


Originally Posted by VPescado
...And even if it didn't hold up, police tend to have the protection of immunity laws in most jurisdictions. And beyond that, in general, they do have extremely good lawyers on retainer (via their union).

Police don't have immunity when it comes to violating Constitutional or civil rights. Detaining someone without an arrest (or other good legal cause) is illegal. Police can, and do break the law all the time - in my opinion, their adherence to the law should be held to a higher standard because they are sworn to uphold it for the service and protection of citizens.

infinityplusone Dec 9, 2005 4:05 pm

You work for the Treasury Department?
I was asking about Police Officers.

From above web page...
QUESTION: What is the "Oath of Office" that is taken by the Secretary of the Treasury and other officials?

ANSWER: The oath of office is taken by the by all executive and judicial officers, as well as all Federal government employees. It reads as follows:

I (name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

thegingerman Dec 9, 2005 9:04 pm


Originally Posted by 24th ID
I never stated that you had or were required to provide your SSN, only that you had to ID yourself.

Here's what you said:


Originally Posted by 24th ID
So, do what you will, but the best policy is just to answer the questions, provide your ID, with an address and SSN, and be as polite as the FAM that is speaking to you.

C'mon 24, let's not be disingenous here. You said that it is the BEST POLICY to provide your SSN. Don't try to back out of your words with this Clintonesque parsing. Some of us here are a little sharper than that.


Originally Posted by 24th ID
Hmmm..... quote.... "........federal law that requires the use of SSNs to identify individuals is the Commercial Motor Vehicle Safety Act of 1986. This law established the Commercial Driver’s License Information System (CDLIS), a nationwide database." http://www.gao.gov/archive/1999/he99028.pdf

Last time I checked most state DMV's don't use your SSN for financial purposes. :D

Yeah, and last time I checked, most of us on this board DON'T have a commercial driver's license.

One page further down from the quote you referenced in the GAO report, you will find the following:
In addition to the restrictions contained in laws that require the use of
SSNs, the Privacy Act of 1974 also restricts federal agencies in collecting
and disclosing personal information, which includes SSNs. The act requires
federal agencies that collect information from individuals to inform the
individuals of the agencies’ authority for requesting the information,
whether providing the information is optional or mandatory, and how the
agencies plan to use the information.
Since you were talking about a FAM, this restriction applies. If the FAM does not tell you on what authority he's requesting an SSN, whether it's optional or mandatory, and how he plans to use it, you don't have to give it to him. That fully supports what I paraphrased above.

My previous point stands, and your post was merely a distraction with no real factual support.

24th ID Dec 9, 2005 9:27 pm


Originally Posted by bocastephen
Police don't have immunity when it comes to violating Constitutional or civil rights. Detaining someone without an arrest (or other good legal cause) is illegal. Police can, and do break the law all the time - in my opinion, their adherence to the law should be held to a higher standard because they are sworn to uphold it for the service and protection of citizens.

A LEO may detain you without arresting you. May detain you, without arresting you.

http://www.acgov.org/da/pov/documents/detentions.pdf

Police do not break the law all the time. Certain officers or agents may. ;)

24th ID Dec 9, 2005 9:36 pm


Originally Posted by infinityplusone

From above web page...
QUESTION: What is the "Oath of Office" that is taken by the Secretary of the Treasury and other officials?

ANSWER: The oath of office is taken by the by all executive and judicial officers, as well as all Federal government employees. It reads as follows:

It clearly states, "as well as all Federal government employees." I am sorry that pulling that from the Treasury Department page threw you for a loop. Here is a couple more links that may help.

http://www.opm.gov/constitution_initiative/oath.asp


http://www.law.cornell.edu/uscode/ht...1----000-.html


(edited because I can't spell) :D

24th ID Dec 9, 2005 10:04 pm


Originally Posted by thegingerman
Here's what you said:


C'mon 24, let's not be disingenous here. You said that it is the BEST POLICY to provide your SSN. Don't try to back out of your words with this Clintonesque parsing. Some of us here are a little sharper than that.

My previous point stands, and your post was merely a distraction with no real factual support.


I did say that it was the best policy. I did not say that it was required. I have never stated anything to the effect that you must provide your SSN.

Say for instance I were to stop and question you about an incident and run you for wants and warrants throught NCIC. You provide your name and DOB but refuse to provide your SSN. No problems. I recieve word that there is an active warrant for the subject with the same name, DOB and descriptors.

What could determine you are not the subject? Hmm, an SSN? Your call, no sweat off my back. You don't have to provide your SSN but guess what. ;)

This was not the initial topic of this discussion, failure to ID yourself and stating over and over, "Am I under arrest? "Can I go now" was.

If you would like to continue to debate this then open another thread under this topic as I am finished discussing it. :eek:

*sigh* I have never stated that you must provide your SSN. :o And yes, some of us are a little sharper.

24th ID Dec 9, 2005 10:11 pm


Originally Posted by 24th ID

Hmmm..... quote.... "........federal law that requires the use of SSNs to identify individuals is the Commercial Motor Vehicle Safety Act of 1986. This law established the Commercial Driver’s License Information System (CDLIS), a nationwide database." http://www.gao.gov/archive/1999/he99028.pdf

Last time I checked most state DMV's don't use your SSN for financial purposes. :D

Gingerman, note the little smily face after my last statement.

24th ID Dec 9, 2005 10:14 pm

[QUOTE=thegingerman]Here's what you said:

Yeah, and last time I checked, most of us on this board DON'T have a commercial driver's license.

[QUOTE]


I was being facetious. Lighten up dude. :cool:




Oh yeah, I still never said that you must provide you SSN. :D

24th ID Dec 9, 2005 10:33 pm


Originally Posted by FWAAA
Bruce, I see someone here moving some goalposts. And it's not you. ;)


No need to move anything, these guys already did it. :D
http://www.supremecourtus.gov/

thegingerman Dec 11, 2005 12:03 am

24, since you seem incapable of actually having a discussion without splitting hairs, claiming you didn't mean what you said, setting up straw men to knock down, etc., I see no point in continuing any discussions with you. Hope I never run into you on the street.

24th ID Dec 11, 2005 12:21 am


Originally Posted by thegingerman
Hope I never run into you on the street.


Hope that's not a threat.

GUWonder Dec 11, 2005 12:26 am


Originally Posted by 24th ID
Hope that's not a threat.

Sounds more like a wish than a threat. :D

bdschobel Dec 11, 2005 4:38 am


Originally Posted by 24th ID
Hope that's not a threat.

You really do have a chip on your shoulder, don't you? The only reasonable way to interpret the comment to which you replied above is that the poster would be afraid to meet you because you seem at times to be one of those "bad guys" that sometimes choose to become law-enforcement officers. But you want to see a threat there. You know, you are kinda scary! :rolleyes:

Bruce

red456 Dec 11, 2005 5:37 am


Originally Posted by bdschobel
You really do have a chip on your shoulder, don't you? The only reasonable way to interpret the comment to which you replied above is that the poster would be afraid to meet you because you seem at times to be one of those "bad guys" that sometimes choose to become law-enforcement officers. But you want to see a threat there. You know, you are kinda scary! :rolleyes:

Bruce

^ ^


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