Posted on 08/26/2005 4:37:24 PM PDT by Excuse_My_Bellicosity
Until last year, Tanya Ortega de Chamberlin had a clean record, with no criminal convictions or even an arrest. But her refusal to provide her date of birth or Social Security number to a South Salt Lake police officer changed that.
Although she was not suspected of committing a crime, and eventually provided the requested information, Ortega de Chamberlin was still cited based on her initial resistance.
The obstruction charges against her were later dropped. But Ortega de Chamberlin says that's not good enough - she has filed a lawsuit asking for a declaration that her constitutional right to be free of unreasonable search and seizure was violated. She also wants reimbursement of the money she spent fighting the criminal case.
Capt. Chris Snyder said Thursday that the department cannot comment on pending litigation.
The legal action, filed Wednesday in U.S. District Court in Salt Lake City, gives this account of the incident:
On Nov. 4 about 12:30 p.m., Ortega de Chamberlin, a photographer who lives in Salt Lake City, was standing on a public sidewalk near 3021 S. Main St. when Officer B. Heddlesten approached her. The officer said she was not suspected of a crime, but demanded the photographer give him her name, date of birth and Social Security number and tell him whether she had a driver license.
Ortega de Chamberlin gave her name but told the officer she was not required by law to provide the other information he requested.
In response to her repeated questions, Heddlesten said he did not think she had committed a crime or was attempting to commit one, according to the suit. However, the officer still insisted that she had to tell him the information; his supervisor, Sgt. Brian Stahle, who arrived at their location, backed him up.
Under threat of arrest, Ortega de Chamberlin finally complied, but was cited for allegedly interfering with or obstructing an officer by giving false information and by refusing to give information. Her suit says she then was put in handcuffs and placed in a police car until the officers changed their minds about taking her to jail and released her.
The charges were dismissed before trial, but Ortega de Chamberlin still has a criminal accusation on her record.
Let me pick the lineup from a collection of randomly selected legal and illegal immigrants.
And none of them have to be illegal.
Then you choose.
No, I have a great deal of respect and admiration for "peace officers". Too bad there aren't any around anymore. They're "Law Enforcement Officers" now.
I distrust Law Enforcement Officers.
Why don't you make it even harder. Why don't you make me pick out the one illegal from a group of 10 from Iceland./sarcasm.
"I distrust Law Enforcement Officers."
And I distrust the media to tell the whole truth.
Do you trust the media that much to just take a side on this issue from the limited info given in the article?
Like I said, the cops could have overstepped their bounds, but since I was not there, and there is very limited info in the article for me to base an opinion either way, I will hold back judgement before I slam either side.
Let the courts deal with it, and then we will know the truth ( hopefully ).
Probably wanted a date...or at least try to feel like a "man" by bossing a woman around.
Other than knowing now that she's ugly, too, that doesn't really provide much insight.
Thank you all for replying to my post.
Knitting A Conundrum - Michael SF's post that has a link in it, goes to her web site and has her pic. Still would like to know what's around the address where she was "questioned"......
Michael.SF.- Thanks for the link. Her pic on her site doesn't make her look real "suspicious".
Freedumb2003- The lady in question WOULD look suspicious if placed next to the pic you posed....
Thanks again .
What kind of smart-alec question is that? It's for The Children, of course. We're At War Now.
That's classified municipal security information.
Even under the Double Secret Probationary Clause of the Patriot Act?
The courts have already dealt with it. We all lost. Click the link at post #17.
You'd better check again.
It's BS though and these cops are polluting the environment.
Ping.
I hope she owns the P.D. before this is through. This is utter b.s.; no American citizen need EVER be subjected to these freakin' Dirty Harry Wannabes in such a manner. Too many cops assume that the Constitution doesn't exist. I love it when they find out otherwise.
Ping. Come and get it.
The hell it isn't. Where were you raised???? Or should I ask..........when????
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