TX False Arrest- biometric information gathering

What is the name of your state? Texas

Fair warning- this is not a short story. More like a novella...

I was arrested last year in suburban Houston for refusing to identify myself to a Sheriff's deputy. (if this sounds familiar so far, it's because I have posted my story here, before)

Before someone asks: I was not breaking any laws at all. It was a little after 5AM, in my own neighborhood, and I was walking home from the store. This deputy had, just 3 weeks earlier, intimidated me into giving him my TDL. On this night, however, I'd left my wallet at home. I was about to pass over a footbridge leading to my street, when the guy pulls up behind me and turns on his lights, hops out, etc.

He wanted to know what I was doing, I told him I was "walking home." He asked me where home was- I gave him my address and apartment number. He asked for my driver's license and I told him I didn't have it. He asked for my name and I told him, as I had 3 weeks earlier, that I was under no obligation to volunteer that information, and I asked if I was under arrest. He said "not yet, but if you don't tell me your name I'm going to take you to the station." I told him I did not want to answer his question and I began to ask if I could leave. The deputy grabbed my arm, warned me not to resist, and handcuffed me.

While in the back of the cruiser, I explained to him, the best I could at the time, why and how it was that I had broken no laws, and that I considered what he was doing an "illegal arrest." The obviously inexperienced deputy told me he was going to call his "sergeant" for advice and that if I was right, "you're out of here."

He came back to the car after making the call and told me he <i>could</i> arrest me for walking in the street, even though I pointed out that there are no sidewalks in this neighborhood and I was within spitting distance of a FOOTbridge. (subsequently I've checked the Transportation Code- it's explicitly legal to walk in the street where no sidewalks are available) Anyway, the deputy gave me one more chance to identify myself, or be taken to the station. I chose arrest.

I did so expecting to be taken to the local station (just a couple miles away), processed, cited or fined or whatever, and released. The deputy chained me to the bench, where I would spend 4 or 5 hours. I watched other people come in for serious, violent crimes and burglarly, they all got processed and put in a cell. I sat chained to the bench until after 9AM, when Harris County Jail begins taking prisoner transfers. <b>County Jail</b> for refusing to speak my name?

The Sheriff's deputy was being vindictive. In the encounter 3 weeks prior, I had demonstrated that I knew more about the law and procedure than he did, and it must have bruised his ego. For whatever reason, (ignorance or something more sinister), every single one of his peers at the station the night I was arrested backed him up. They told me it's illegal to walk in the street, illegal to be anywhere without your driver's license, illegal to refuse to identify yourself, etc. For the record, they're all wrong, on all counts.

So anyway, I got out of County later that night (thank you, honey), and started doing the research to defend myself against this silly charge that only occurred because I would not acquiesce, I would not comply with a deputy's unlawful order.

At the pretrial court hearing, I motioned for dismissal based on the penal code section under which I was charged. <i>§ 38.02 - (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.</i>

As I had not been "lawfully arrested," I was not required to divulge anything. The Prosecution actually argued against this motion by saying that I was charged under <i>§ 38.02 part (b)A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:

(1) lawfully arrested the person;

(2) lawfully detained the person; or

(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.</i>

Patently ridiculous. I did not give any name at all, much less a false name. The prosecution claimed that giving no name was tantamount to saying that you "have no name," which is false, and therefore part (b) is applicable. So the case went to trial by judge. I requested a public defender and the judge told me that since it was a Class C misdemeanor, with no penalty of jail time, that I would have to defend myself. IMPORTANT- I later discovered that as of Sept 1. (my arrest was later in Sept), a crime committed under § 38.02 (b) was now a Class B misdemeanor- with possible fine of $2000 and and jail term of up to 180 days. The judge (JP) obviously did not know this, I believe it was an oversight. But that oversight meant that I spent the next 2 months preparing on my own.

Naturally, on the day of the trial, the deputy does not show up. The case is finally dismissed (no complaining witness) and although I still walk in the neighborhood frequently, I have not seen any trace of the deputy.

Now, at last, to my questions. You are truly a brave soul if you've read this far. (if you're only skimming- I won't tell anyone if you won't.)

Obviously, privacy is a core concern for me. I prefer to not use credit cards, shopping club cards, etc. My name and social security number are my own information and you better have a good reason to want them from me. As a result of this (what I believe to be) false arrest, however, much more information about me is now floating around various and sundry law enforcement databases. I was photographed from several angles, I was digitally fingerprinted, and while in custody at the local station, I had voluntarily given the police every piece of data, nominal or numerical, about myself. I had been told I was going to Harris County Jail, and I didn't want to give them any reason to hold me any longer than necessary or lose me "in the system."

In the system, precisely. Government databases should be for criminals. I am not a criminal. I have no other history. I do not wish for my biometric and other personal information to remain within these databases. It would be a sad day in America if the police were allowed to use false arrests, and otherwise faulty or unfair procedures in an effort to build a larger database. I take this affront on my liberty very seriously. How should I proceed? I'm obviously not an attorney, but I believe I might have a cause for a federal civil rights lawsuit against the department, and the arresting officer in particular. All I want is to be removed from the databases. Is this possible, and if so, how?

Thanks in advance as always for helpful replies. I check this board often.
PP

[GuyFromFL16]

I'm not an attorney and I don't have any advice to tell you on your situation but from what I can see here... it seems as if the officer was recently hired and wanted to show he was doing a "good job" right away by making his first arrest even if he KNEW it was wrong.. I can't believe this guy would arrest you for not giving out your info for something he had no reason to ask in the first place considering you didn't do anything wrong. I believe you may have a case here but let the fine people on this board help you. Goodluck! That was a long and interesting read and I feel terrible for everything you went through.

[JETX]

"Is this possible, and if so, how?"
*** Very simple. Since the charges were dismissed, file a suit to expunge the records.

And though I certainly don't condone your 'confrontational' approach with the police, you're correct in not being required to provide identification under the terms of this post. You might also look at the case of ' BROWN v. TEXAS, 443 U.S. 47 (1979)' for more on this. It can be found at:
[url]http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=443&invol=47[/url]