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Old 08-01-2009, 12:43 PM   #58
Airwaves
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Default Inflamatory? no, questioning contradictory LEO statements? yes

I’ll respond to this only because you are playing word games in an effort to discredit what I have been posting and responding to:

Quote:
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.
Semantics. I use the term FOIA to describe the public’s right to public information as others use the term Jetski to describe PWCs. It is easier to use that term, and have it understood, than it is to use the ambiguous term RSA 91.A.

Because LEOs have used something in the past and continue to demand it does not make it lawful.

Quote:
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.
This was the crux of my posting. The use of a SSN over the air, whether via police radio or cellphone, both are over the air and can be monitored. The question I was raising has to do with the liability of the state etc for reparations etc in the event Winnipesaukee’s information was used OTA and stolen by someone.

In another post NightWing stated that is it unusual for an MPO to radio in a stopped boat and radio that information to dispatch, but also said the SSN was used for identification. That appears to be a contradiction.

Unless the SSN is radioed in, which NightWing said would be unusual, then how can it possibly be used for identification purposes? The MPO would not have access that information unless he put it out OTA.

Quote:
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.
And I point to the statement by Winnipesaukee that he was threatened with arrest if he refused to give the MPO his SSN.

Quote:
Instead we are discussing an unverifed account based on one person's perspective of a certain event. That person admits he was agitated about being stopped, and what went on during the stop. I can assure you that if we heard the NHMP officer's version, it would most likely be different because it would be based on his perception of the the events that transpired that evening.
No doubt the MPOs version would be different, but we are commenting on the only information that we have. Not what we speculate what the MPO might say as you are doing. You are certainly showing your bias by taking an unstated side to a story that you don’t have and dismissing the account of a person at the scene because he was agitated implying he must be wrong in spite of your statement to the contrary.

So the focus of my posts were thus...If a SSN is demanded and someone steals Winnipesaukee's ID what recourse does he have against the state?

If the MPO does not routinely call in boat stops then why demand under penalty of arrest (even though that is not lawful) the SSN when they are not going to run it until well after the boater has left the scene?

Simple questions but I dare to challenge the status quo so I'm inflamatory and looking for a fight.

Last edited by Airwaves; 08-01-2009 at 12:53 PM. Reason: spelling
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