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Giving SS# to NM LEO's

MarkD51

Regular Member
Joined
Mar 17, 2011
Messages
56
Location
Sheboygan Wisconsin
Hope this topic is suitable for posting here?

Sitting here at home often, I'll listen to the scanner on my puter, hearing LEO's rattling off citizen's Social Security Numbers to their base after they encounter them.

I imagine agencies like this, because its ease of identification, and to check any criminal background nationally, besides statewide-locally.

Is this legal in the state of NM? Do you have to relinquish your SS# to LEOs?

I of course never carry mine, and the excuse I'll be using should I ever be stopped here, and asked, is I don't carry it, and I don't offhand remember it, I reckon is the best excuse without being offensive.

Can anyone provide a link to an ordinance of such? Thanks, Mark

PS: as I understand it, the DMV requests this information when applying for a license, correct? Isn't the SS# then perhaps on the card in the form of a magnetic strip that they can just simply scan?
 
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MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
Isn't it against Federal Law to require SSN for identification? Not that it doesn't happen everyday...
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
What's wrong with, "Sorry, Officer Friendly, I can't seem to remember mine; I've always been horrible with numbers"?
Only tangentially related, Georgia doesn't use SSN on the driving license, but the DL number has the same number of digits and would probably be said the same way as a SSN.
 
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Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
Supermoderator Mike knows this stuff really well.

I have this vague recollection that it is actually a violation of federal law to demand an SSN without citing the legal authority and describing what the SSN will be used for.

To read it out over the air for anybody with a scanner to copy down and misuse strikes me as a serious violation of personal security by police. I wonder how often the police receive an SSN consensually vs a demand.
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
Supermoderator Mike knows this stuff really well.

I have this vague recollection that it is actually a violation of federal law to demand an SSN without citing the legal authority and describing what the SSN will be used for.

To read it out over the air for anybody with a scanner to copy down and misuse strikes me as a serious violation of personal security by police. I wonder how often the police receive an SSN consensually vs a demand.

ESPECIALLY, since so many times the SSN is recited along with the NAME AND DOB!
 

AH.74

Regular Member
Joined
Oct 6, 2008
Messages
443
Location
, ,
I would never give my SS# to an officer out in the field. I don't see any reason why it would be necessary especially if I have a valid form of ID.

I transferred my DL from another state so don't specifically recall if my SS# is associated with it, but I tend to think not.

On the other hand, NM's CC licenses certainly do have it associated.
 

steveaikens

Opt-Out Members
Joined
Jun 5, 2007
Messages
219
Location
Clovis, New Mexico, USA
There is no circumstance under which you are required to disclose your SS# to any officer in the field.

If asked for it, the polite answer is simply "Officer, you are not authorized to ask for Social Security numbers under Section 7 of the Federal Privacy act and I refuse to disclose that information."

http://www.justice.gov/opcl/1974ssnu.htm

SOCIAL SECURITY NUMBER USAGE
Section 7 of the Privacy Act (found at 5 U.S.C. § 552a note (Disclosure of Social Security Number)) provides that:

"It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number." Sec. 7(a)(1).


Steve Aikens
 
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