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by srothstein
Mon Mar 02, 2009 11:27 pm
Forum: LEO Contacts & Bloopers
Topic: Fact check on traffic stops in Texas
Replies: 25
Views: 5654

Re: Fact check on traffic stops in Texas

Many police agencies request SSN's when they are issuing a ticket or making an arrest. Anything they can use to help identify the person for future reference is appreciated and added to the database. There is a space for the SSN on the criminal history returns and sometimes it is very useful for making sure you have the right person. I have seen cases where the name and DOB were the same, which leaves you wondering if the DL you are holding and the one on the warrant are for the same person. An SSN helps clear that up without having to resort to fingerprints.

But, you are under no obligation at any time to provide an SSN to a police officer. Under Texas law, the only thing you must provide, and cannot refuse, is your real name, date of birth, and home address if you are under arrest. You can refuse everything else and you can even refuse this is you are not under arrest.

One of the things many police agencies forget is that there is a federal law governing the use of the social security number. The Privacy Act of 1974 says they can only ask you for this information if they give you a proper warning of why they want it, how it will be used, and whether or not disclosure is voluntary or mandatory for the specific case.

Older officers tend to not ask for SSN's because we know it is not required and is resented. Many younger officers will not ask for it because they are concerned with identity theft. But there are some officers who will ask for it and think you must give it just because there is a space for it on the ticket. They need to be educated by their department and it will only happen if enough people complain.

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