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Must you legally pose for an arrest photo mug shot?
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BENJAMIN HANNAH
Jul 27, 2014, 8:18:22 PM7/27/14
to
I've seen mug shots in the news, and they all look like they'd
rather not want to be there (understandably).
Must you legally post for an arrest photo mug shot in the USA?
Seems to me you should be able to just say no.
rather not want to be there (understandably).
Must you legally post for an arrest photo mug shot in the USA?
Seems to me you should be able to just say no.
D.F. Manno
Jul 29, 2014, 8:14:40 AM7/29/14
to
In article <lr44se$qpp$1...@solani.org>,
You can decline to be booked. However, you can not be processed until
you are booked, in which case you will be held until the police can book
you. This means your release will be delayed.
--
D.F. Manno
dfm...@mail.com
you are booked, in which case you will be held until the police can book
you. This means your release will be delayed.
--
D.F. Manno
dfm...@mail.com
Mike Jacobs
Jul 29, 2014, 9:17:59 AM7/29/14
to
On Sunday, July 27, 2014 7:18:22 PM UTC-5, BENJAMIN HANNAH wrote:
> Must you legally post for an arrest photo mug shot in the USA?
>
> Seems to me you should be able to just say no.
Seems to me that, in most jurisdictions, doing so would amount to some
> Must you legally post for an arrest photo mug shot in the USA?
>
> Seems to me you should be able to just say no.
form of "resisting arrest," i.e., refusing to cooperate with one of
the steps which law enforcement personnel are authorized by law to
take, incident to a lawful arrest. If you get arrested, you legally
have to cooperate (or face additional consequences) with letting them
put handcuffs on you, with letting them search your person and your
personal effects, with letting them take your fingerprints, with
letting them do a breath test or urine test when appropriate, and in
some cases, even letting them draw blood (to check for alcohol or
drugs). And, of course, you have to let them take your picture for
their files.
You can say "no," but: (1) they will physically force you to do it
anyway, and (2) you will be charged with an additional crime for
resisting.
Your call.
--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal matter.
For confidential professional advice, consult your own lawyer in a
private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685
Clément Durand
Jul 31, 2014, 2:04:44 AM7/31/14
to
D.F. Manno wrote, on Tue, 29 Jul 2014 08:14:40 -0400:
> You can decline to be booked. However, you can not be processed until
> you are booked, in which case you will be held until the police can book
> you. This means your release will be delayed.
What does it mean to "decline to be booked"?
> You can decline to be booked. However, you can not be processed until
> you are booked, in which case you will be held until the police can book
> you. This means your release will be delayed.
deadrat
Aug 6, 2014, 11:31:02 AM8/6/14
to
On 8/6/14 8:31 AM, voyager529 wrote:
> your mugshot taken for internal police use, but have it treated as
> 'confidential data' and not be a matter of public record?
Sure, it may be embarrassing to find your booking photo on TMZ, and it's
understandable that people want to keep embarrassing things private.
But it won't do to have arrest records hidden. That can lead to people
and not just photographs disappearing. It's hard enough to hold police
accountable when they have to publicly document whom they detain.
> On Tue, 29 Jul 2014 06:17:59 -0700, Mike Jacobs wrote:
>
>> On Sunday, July 27, 2014 7:18:22 PM UTC-5, BENJAMIN HANNAH wrote:
>>
>>> Must you legally post for an arrest photo mug shot in the USA?
>>>
>>> Seems to me you should be able to just say no.
>>
>> Seems to me that, in most jurisdictions, doing so would amount to some
>> form of "resisting arrest," i.e., refusing to cooperate with one of the
>> steps which law enforcement personnel are authorized by law to take,
>> incident to a lawful arrest...
>
>> On Sunday, July 27, 2014 7:18:22 PM UTC-5, BENJAMIN HANNAH wrote:
>>
>>> Must you legally post for an arrest photo mug shot in the USA?
>>>
>>> Seems to me you should be able to just say no.
>>
>> Seems to me that, in most jurisdictions, doing so would amount to some
>> form of "resisting arrest," i.e., refusing to cooperate with one of the
>> steps which law enforcement personnel are authorized by law to take,
>> You can say "no," but: (1) they will physically force you to do it
>> anyway, and (2) you will be charged with an additional crime for
>> resisting.
>>
>> Your call.
>
> Is there, perhaps, some sort of middle ground? For example, could you have
>> anyway, and (2) you will be charged with an additional crime for
>> resisting.
>>
>> Your call.
>
> your mugshot taken for internal police use, but have it treated as
> 'confidential data' and not be a matter of public record?
Sure, it may be embarrassing to find your booking photo on TMZ, and it's
understandable that people want to keep embarrassing things private.
But it won't do to have arrest records hidden. That can lead to people
and not just photographs disappearing. It's hard enough to hold police
accountable when they have to publicly document whom they detain.
D.F. Manno
Aug 1, 2014, 9:43:02 PM8/1/14
to
In article <lrcm9s$ab3$1...@news.albasani.net>,
To tell the arresting officers that you do not want to have your prints
or your mug shot taken. You would then be thrown into a holding cell
until they decide to let you go or you agree to be booked.
Here is an outline of the booking process:
<http://www.nolo.com/legal-encyclopedia/what-happens-during-booking.html>
I would say that several of those steps (e.g., the body search) are
mandatory and will be carried out whether or not you consent.
--
D.F. Manno | dfm...@mail.com
GOP delenda est!
or your mug shot taken. You would then be thrown into a holding cell
until they decide to let you go or you agree to be booked.
Here is an outline of the booking process:
<http://www.nolo.com/legal-encyclopedia/what-happens-during-booking.html>
I would say that several of those steps (e.g., the body search) are
mandatory and will be carried out whether or not you consent.
--
D.F. Manno | dfm...@mail.com
GOP delenda est!
Gordon Burditt
Aug 7, 2014, 1:36:47 AM8/7/14
to
>> Must you legally post for an arrest photo mug shot in the USA?
>>
>> Seems to me you should be able to just say no.
>
> You can decline to be booked. However, you can not be processed until
> you are booked, in which case you will be held until the police can book
> you. This means your release will be delayed.
Does that mean you can get yourself held indefinitely? Some people
>>
>> Seems to me you should be able to just say no.
>
> You can decline to be booked. However, you can not be processed until
> you are booked, in which case you will be held until the police can book
> you. This means your release will be delayed.
may actually *WANT* this, for example, being held in jail for a
whole winter in some city in the NorthEast USA may be preferable to
being homeless for the whole winter. It's warmer, and you hopefully
get better food.
It's probably easy to get yourself arrested for some minor offense;
"urinating on a cop car" will probably do it, with cops inside the
car at the time.
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