Woman faces jail for refusing to show ID

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jsalcedo

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DENVER -- Deborah Davis' refusal to show her identification to federal police at a bus stop has turned her into a cause celebre among privacy-rights advocates.
Mrs. Davis, a 50-year-old Arvada, Colo., grandmother of five, was handcuffed, placed in a police car and ticketed for two petty offenses by Federal Protective Services officers who were checking passengers' identification Sept. 26 aboard a Regional Transportation District (RTD) bus at the Federal Center stop.
She faces a maximum of 60 days in jail. First, however, federal prosecutors must decide whether to pursue the charges before her hearing Dec. 9 in U.S. District Court here.
"We have a couple of decisions to make -- whether to proceed with the charges, whether to proceed with different charges or whether to drop the charges," said Jeff Dorschner, spokesman for the U.S. attorney's office in Denver.
He said prosecutors would decide how to proceed early next week.
The American Civil Liberties Union has agreed to take her case if it goes to court, and she also is represented by lawyers from the same Denver law firm that defended NBA star Kobe Bryant last year on sexual-assault charges.
Not bad for a woman who's looking for work after losing her job last month as a result of the confrontation with federal police.
It started when Mrs. Davis began commuting to her new job in Lakewood aboard an RTD bus that made a regular stop at the Denver Federal Center. Each time, federal police boarded the bus and asked passengers for ID.
Mrs. Davis produced her driver's license once, but it rankled her. The next few times, she begged off, saying she had left her ID at home. Finally, an officer told Mrs. Davis that she would need to show proof of her identity the following Monday.
Several things bothered her about the ID checks. She wasn't entering a federal building or even leaving the bus. The officers barely glanced at the passengers' ID cards and didn't check them against a master list. The whole exercise struck her as "just Big Brother watching you," she said.
"I spent the weekend trying to decide if the Constitution had changed since I was in eighth grade, and I decided it hadn't," said Mrs. Davis, who has a son serving in the Army in Iraq.
The following Monday, after the officers boarded the bus, one of them "asked me if I had my ID with me, and I said, 'Yes,' " she recalled. "Then he asked me if he could see it and I said, 'No.' "


Mrs. Davis had been talking on her cell phone when the officers approached. "One of them grabbed my cell phone and threw it to the back of the bus," she said.
"The next thing I knew, two big policemen jerked me out of my seat, handcuffed me and threw me in the back of the police car," Mrs. Davis said. "They wrote the tickets and threw them on the ground."
Carl Rusnok, spokesman for the Immigration and Customs Enforcement, which oversees the Federal Protective Service, said the practice of checking IDs at the bus stop was instituted after the 1995 bombing of the Oklahoma City federal building.
The cursory bus check is part of a "multilayered security system," he said. "There are 9,000 federal facilities in the country, and virtually every one of them requires an ID check."
Bill Scannell, a privacy-rights activist who started a Web site last week about the incident (www.papersplease.org/davis/) said it has received more than 2 million hits since Thanksgiving. Some backers have called Mrs. Davis the "Rosa Parks of the Patriot Act generation," he said.

http://www.washtimes.com/national/20051129-101237-3983r.htm
 
Ah, I see... apparently, the Oklahoma City Federal Building was destroyed by a bomb, planted in a lady's handbag, on a passing bus.

No, I thought it was a few barrels of fuel oil and fertilizer in a rented van...

Hmmm... Can't remember.
 
They should put her in jail, we all have the right to produce identification when it's demanded. It's somewhere in the Bill of Rights, probably in a footnote.
 
And remember, these gestapo tactics are brought to you by a so-called Republican president and his lapdogs in a so-called Republican congress.
 
A Little Help?

I swear I recall an incident in a wealthy Florida suburb when a young black man somehow ended up setting a precident case for Legally Refusing to show ID???
 
And remember, these gestapo tactics are brought to you by a so-called Republican president and his lapdogs in a so-called Republican congress.

Yeah, we should put the Democrats in office just to show the republicans how mad we are.
 
Whom can I email?

I have to get back to work right now. Is there an email address available for us to express our outrage about this woman's treatment and this ridiculous waste of our tax dollars?

The people who make and enforce these laws should be embarrassed.
 
Yeah, we should put the Democrats in office just to show the republicans how mad we are.
Well, thanks to this President and this congress, the Democrats will have these laws and precedents to use against anybody they want. Thanks, George. :)
 
Ultima-Ratio said:
I swear I recall an incident in a wealthy Florida suburb when a young black man somehow ended up setting a precident case for Legally Refusing to show ID???
There was such a case. Sixty Minutes did a piece on it many years ago. Don't know if that was only a State precedent, or if it went to the Supreme Court.

This is an outrage, and I hope after the law suit, she owns the agency responsible for this violation of her right to privacy. You are not required, in America, even to own any form or ID, let alone to present it to every government agent who asks to see it.
 
R.H. Lee said:
Well, thanks to this President and this congress, the Democrats will have these laws and precedents to use against anybody they want. Thanks, George. :)
Did they need any new law for this "security procedure"? If they did, it was enacted after the Oklahoma City bombing back during the Clinton years.

You have to understand a simple fact here: The Government Beaurocracy does not need a new law to take away your rights, they just need judges who let them get away with it.
 
Can you sue a Federal Agency for something like this? I thought there were all sorts of limits on sueing the Feds for damages.
 
R.H. Lee said:
And remember, these gestapo tactics are brought to you by a so-called Republican president and his lapdogs in a so-called Republican congress.

I haven't forgotten. I expected so much more from a Republican Congress and President - I learned a lesson. From what I read here and other places, a lot of other people learned the same lesson.
 
Yeah, we should put the Democrats in office just to show the republicans how mad we are.
No, we should collect 99.9% of the :cuss: up (Ron Paul and the one or two others who UNDERSTAND the Constitution aside) paint them liberally with hot tar and cover them with turkey feathers, bullet ants and Japanese hornets. :fire:

Baring that, this might suffice to get the point across: http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=42379
 
MechAg94 said:
Can you sue a Federal Agency for something like this? I thought there were all sorts of limits on sueing the Feds for damages.
Federal Employees can be held accountable for violating your civil rights. It s called a Bivens Action: Bivens v. Six Unknown Federal Narcotics Agents 403US388, 91SCT1999, 29LE2d 619(1971)
MR. JUSTICE BRENNAN delivered the opinion of the Court. said:
The Fourth Amendment provides that

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. . . .

In Bell v. Hood, 327 U.S. 678 (1946), we reserved the question whether violation of that command by a federal agent acting under color of his authority gives rise to a cause of action for damages consequent upon his unconstitutional conduct. Today we hold that it does.
 
And remember, these gestapo tactics are brought to you by a so-called Republican president and his lapdogs in a so-called Republican congress.

Carl Rusnok, spokesman for the Immigration and Customs Enforcement, which oversees the Federal Protective Service, said the practice of checking IDs at the bus stop was instituted after the 1995 bombing of the Oklahoma City federal building.

Unless I am much mistaken, there was a Democrat president in 1995. However, it was raining last Tuesday.....I'm sure we can find some way to blame Bush for me getting wet.
 
Uh...she's being arrested and prosecuted by minions of the current administration.
 
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