Saturday :: September 10, 2005
Utah Conducts Criminal Background Checks on Evacuees
Once again, those with a criminal history are treated like second class citizens. Utah is conducting criminal background checks on evacuees.

No one has been expelled yet, and Utah says the evacuees have been exemplary in their conduct. Still, this is troubling.

Update: As Mike Ditto points out in comments below, Colorado also is doing background checks. But I'll give them a bit of a pass for this statment:

The community does not have to be concerned, said Chief Jones. We think people are safe because all of these evacuees have served their sentences.

Posted Saturday :: September 10, 2005| Katrina


Comments


Posted by Michael Ditto at September 10, 2005 07:02 PM
Colorado too.

Posted by Aaron at September 10, 2005 07:15 PM
Exactly what grounds does the state of Utah have for conducting background checks on people who are accused of no crime and are applying for no job?

What happens if one of these evacuees (US citizens) refuses to identify themselves or cooperate, what will the consequences be?

Posted by aw at September 10, 2005 08:37 PM
What happens if one of these evacuees (US citizens) refuses to identify themselves or cooperate, what will the consequences be?
That's a very interesting question.

Posted by cpinva at September 10, 2005 09:01 PM
i was pondering that very question myself. the last time i checked, LA is part of these here new nited states, these aren't immigrants from a foreign land. what business does any state have conducting a criminal background check on any other citizen coming in from another state?

is it possible i missed some critical fact that would explain the legality of this?

Posted by Lavocat at September 10, 2005 10:15 PM
Simply refuse to comply. There is no legal obligation to comply UNLESS a violation of the public order is suspected to have been committed. Even then, all you have to do is give your legal name and address and refuse to answer ANY further questions.

I think the Constitution still applies, Katrina or no.

Posted by Michael Ditto at September 11, 2005 02:17 AM
Lavocat, they ran the background checks without permission. The article quoted the cops saying that they don't need permission, that it's just like making a traffic stop.

Except that people who get stopped in traffic (presumably) just got caught doing something wrong. So maybe the cops need to check their reasoning.

Posted by pigwiggle at September 11, 2005 08:21 AM
Can’t I simply pay someone to do a background check on any of you, that is, legally?

Posted by Aaron at September 11, 2005 12:47 PM
pigwiggle

Sure you can do a background check on any one you like, and if you've taken some basic investigative journalism classes you can find out a lot more about someone than you might imagine.

But of course to do any kind of checks you need a name and a Social Security number. So if these evacuees refuse to give any information or give inaccurate or intentionally misleading information, what recourse do state officials have in that instance?

Last time I checked this is still America where no one can compel you to provide any information unless you've been accused of some kind of crime.

So since constitutionally, law enforcement officials cannot legally detain you or arrest a US citizen under these circumstances, perhaps you'll find yourself designated a detainee and be sent to Guantanamo Bay under the auspices of the patriot act, which is not out of the realm of possibility.


All they would have to do is classify you as a possible terrorist threat, and without any ID to prove you are a US citizen, off you go down to the Caribbean to be force-fed cafe Cubanos through a nasogastric tube with all the other hunger strikers.


Posted by glanton at September 11, 2005 12:53 PM
What I'm hearing, which is sort of scary, is they all want to stay in Utah.

Blech.

Posted by pigwiggle at September 11, 2005 02:04 PM
glanton-

I live in Salt Lake, and as lame as living with a bunch of Mormons can be, they are extremely friendly and generous folks. Set aside the expensive booze, etc. and you have a clean beautiful city with relatively little crime. Folks here don’t really have a lot of money, but they give a great deal; I believe more than almost every state. The Mormon’s literally have warehouses full of basic needs packages that they ship to impoverished nations daily (accept Sunday of course). The Church regularly arranges for refugees to come to the city; I wouldn’t be surprised if the majority of black folks here are foreign nationals. This is a perfect place for refugees, US citizens or not.


Posted by glanton at September 11, 2005 05:01 PM
pigwiggle:

I think you misunderstood my post; while I loathe Utah's overall politics I have no doubt that its communities have done right by the refugees, and will continue to do so.

My original post was simply intended to speculate what the results wouold be if everyone thought like Barbara Bush, whose direct quote I presented.

Also, in case you didn't see it, I did respond to your thoughts on greed posted in the other thread.

Cheers

Posted by pigwiggle at September 11, 2005 05:29 PM
Oh ... I see; went right over my head.

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