Quote:
Originally Posted by Airwaves
...I don't need a dispatcher telling me or anyone else what FOIA is or is not!...
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The Freedom of Information Act only pertains to Federal Government operations. It does not pertain to the subject at hand here. This is the danger when you make assumptions and accept as fact an heretofore unverified accusation, especially if you are not clear on the applicable regulations. As you build on the story and fabricate additional items based on personal bias, mistakes are made and your entire argument loses its credibility.
First and foremost, let me assure the readers that your Social Security number is indeed used as a means of identification by local, state and federal authorities. However, that number does not appear on any summonses or warnings issued by law enforcement authorities in New Hampshire. It is mandatory and will appear on arrest records and local, county or state jail intake files however this information is not available for review by the public as mandated by the correct governing legal reference, NH RSA 91:a and not the Freedom of Information Act. The inference that this is illegal or improper is again a misguided application of the pertinent regulation. Social Security information is exchanged freely and regularly by local, state and federal government agencies as identification means within law enforcement records on a daily basis. What the law prevents is the mandatory display of this number on readily accessible identification cards, such as Driver's licenses or boating safety certificates. It does not prevent the collection, use or documentation of this number for data base purposes. That is why it is legal for a law enforcement officer to ask you for part or all of your Social Security number to assist in identification purposes.
In the course of my routine daily duties I monitor dozens of state, county and local law enforcement agency radio transmissions, including those of the NH Marine Patrol. And no, I am not a dispatcher although I have the utmost respect for the outstanding job these underappreciated folks commit themselves on a daily basis. On a daily basis I hear officers in the field utilize a portion of the SS number, usually the last four digits, to assist in field identifications. I have never heard an officer or dispatcher reveal a full number over the air although that exchange of information does occur routinely by telephone and other secure means of electronic communication.
Finally, if an officer asks you for your social security number because you have not provided a reasonable means of identification you can simply refuse to give it. The "disobey an officer" statute does not require you to give it. However, you will need to work with the officer to provide alternative "in the field" easily verifiable information to satisfy the law. The length of the stop will greatly hinge on the ease at which the officer can be assured that he has the correct individual in temporary custody. You wouldn't want an officer so restricted in his abilities to obtain correct identification that he incorrectly cites you for an offense caused by a third party using your name & dob. That's just common sense.