Thread: TN: Proper identification is key in traffic stops

By CHIEF RONAL SERPAS • May 10, 2008

In recent weeks, the police department has found itself in the middle of the continuing immigration debate.

On one hand, officers have been accused of breaking up families because physically arrested illegal aliens are being subjected to deportation proceedings through the 287(g) program operated by the sheriff's office. On the other hand, officers have been accused of being too lenient with illegal aliens by issuing them misdemeanor arrest citations in lieu of physical arrests.


On behalf of Nashville's police officers, I strongly reject both criticisms. It is simply wrong to argue that the impact of arresting an individual who makes a conscious choice to be in violation of laws (be they state criminal or immigration), and subjects his/her family to the outcome of their actions, is now somehow the fault of the very police officers who are sworn to uphold Tennessee law.

The state requires that an arrest citation be issued in lieu of physical custody when an arrest is made for a misdemeanor offense. The legislative purpose of this law is to avoid taking a person into custody, and requiring that person to make bond, if it can be reasonably assured that the arrested person will appear in court. One exception to the issuance of an arrest citation is where the offender cannot or will not offer satisfactory evidence of identification.

Names falsely used
Every citizen deserves, and should expect, that a police officer issuing an arrest citation makes sure there is a reasonable assurance that the citation does not list a bogus name. Arrested persons who cannot or will not offer satisfactory evidence of identification will often give the name of another citizen to the arresting officer. When that happens, not only does the defendant manage to avoid prosecution for that criminal offense, much time and resources must be devoted to correcting the records in every component of the criminal justice system.

The real injustice here is that this creates havoc and turmoil in the life of the citizen whose name has been falsely used by the criminal defendant. Now, that person, whose identity has been stolen, must take all the necessary steps to correct these records and restore his or her good name.

Regarding driver license offenses, the truth is that police department policies and procedures are the same today as they were before the 287(g) program was implemented at the Metro jail more than one year ago. Officers cannot and will not turn their backs to persons who violate Tennessee law by driving a motor vehicle illegally. By the same token, it has long been our policy, as provided by Tennessee law, to issue arrest citations whenever possible. Officers have no choice but to make physical arrests in cases where the defendants cannot or will not offer satisfactory evidence of identification. Unlicensed persons who choose to drive without proof of identification will be arrested regardless of race or ethnicity.

Metro police officers report to work each day committed to fair and equal enforcement of the law, regardless of the immigration debate and the protocol of the 287(g) program. Nashvillians expect no less, and we are humbly grateful for the support of citizens in neighborhoods throughout our city.

Ronal Serpas is chief of the Metro police department.

http://www.tennessean.com/apps/pbcs.dll ... 00331/1008

When Americans go to prison or jail, it breaks up their families too, so shut up!
You have NO say in America, but I do, so go home.....