Saturday, November 24, 2012

You Are Under Arrest, Until You Can Figure Things Out


I have come to the realization that I don't know very much about the law and what my particular rights are as a citizen. I thought I did before September 23rd, 2011; after all I had taken all the classes in high school and college to prove that I did know. I even stayed awake for those classes and passed all the necessary tests.

So why was I sitting in a jail cell feeling confused, alone and forgotten?

On September 23rd, 2011, I was pulled over because I was at a bus stop in my vehicle. I knew better than to do that, the particular area where I live is notorious for giving people tickets in excess of $250 for being anywhere near a bus stop zone with your vehicle. So I pulled off almost as soon as I had pulled up to it and told my partner, I would drive around the block and come back to pick her up.

I hadn't even gotten my truck back into the lane when I saw the red, white and blue lights flashing in my rear view mirror indicating I needed to pull over. My son was in the backseat and I knew I had nothing to worry about save for an expensive ticket lesson to remind me to stay away from bus stops.

The Sheriff exited his car and came up on my driver's side to speak with me through my window. I immediately started in explaining that my vehicle wasn't actually turned off, that I had merely pulled up alongside the bus stop to drop someone off and was going to circle the block to pick them back up. He smiled, probably having heard all types of excuses when people are trying to get out of a ticket. In this case I had told the truth, that is what happened. No problem I was told, he still wanted to see my license and registration. I acquiesced, giving him my license and explaining that since it was a new vehicle I hadn't received the official registration as yet, but I had the temp one in the window that car dealers place until you get the actual registration in the mail.

He took all of my information in hand back to his squad car. By now a second car had pulled up, something about protocol and backing up the first squad car which has made the original stop. I was peering in my side mirror to see what was going on, I knew I had nothing to worry about, I was clean, there was nothing on my license. I watched him as he exited his car, give a look to the other officer who was now standing adjacent to my vehicle, a look which indicated everything was indeed not all right.

When he returned to my driver's side door, he asked if I could step outside. Sure I had responded, not a problem, no drugs or illegal stuff in my car. I think I was even smiling trying to prove to my son there was nothing to fear from our law enforcement, especially if you are an upstanding citizen. I stepped out and away from my vehicle to give him total access to search if he needed, but what he then instructed me to do was to place my hands behind my back.

I wasn't under arrest he explained, but I did have a warrant in another city which he had to investigate further. By now I was in shock and racking my brain as to what I could have done. I pulled over when I was told, I provided all the requested information and I was compliant throughout the stop. Oh but wait, he said a warrant, nothing to do with the stop itself. My confusion instantaneously turned into fear. There was also a look of fear on my partners face who by now had walked down the block when she hadn't seen me circle back around. I couldn't see my sons face, it was obscured by the tinted glass at the rear passenger seat.

I was placed in handcuffs and into the back of the Sheriff's squad car to wait, wonder and worry. He returned a short while later, indeed it was a valid warrant for Grand Theft and he had to take me, in order to get processed. This is a mistake, I have done nothing wrong. You have to check again I kept repeating.

Then it hit me, in 2009 our home was robbed. Our vital information was taken when our bags were stolen along with other items from the home. We had done all the traditional cancellation of credit cards, but there was nothing we could do as far as we knew about the drivers licenses and social security cards that were taken except order new ones. I didn't know anything about the concept of criminal identity theft at that time.

I was taken in, held overnight and allowed to bail out once we posted the $2,000 bond. The law doesn't care anything about your nonexistent past record, the fact that you are a business owner, church goer, volunteer or all around upstanding citizen who is the victim of criminal identity theft. They care about what information comes back on that screen when they run you. I am still dealing with the remnants of the arrest. I have to go to court to clear my name and present my original report and subsequent information from the 2009 robbery. It's a headache to go through, but necessary.

I don't hold any grudge towards law enforcement. They did what they had to do, I know better than to blame someone for doing their job, even though that night I felt as though they were the enemy. However, I am leery and nervous when I see a squad car in the lane next to me as I am driving. Now I get it, what people say about not even wanting to have any needless interaction with law enforcement no matter the reason. That fear won't go away any time soon for me either.

For me, this was a lesson in what my rights are, and I am determined to gain enough knowledge about what my specific rights are, because I have no intention of living in fear of people committing the crime or those who are in place to protect me.

The Urgency of ID Theft Prevention   



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