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#: From / Date: Question / Answer:
6569. Richard
Park City, UT
Age: 30
Oct 21, 2009
Expedia Lawsuit Privacy
I received a legitimate postcard in the mail that said because I did business with Expedia, that I'm automatically included in a class action service fees lawsuit.

I can complete an opt out form and provide my phone and email I prefer to keep private, unless the law firm already has them from Expedia? If I don't opt out, would such a court case and everyone in it, and their personal details, be public record? Thank you.

Submitted Link #1: http://www.servicefeessettlement.com/...

6568. Stan
Atlanta
Age: 44
Oct 21, 2009
Airport ID
A new federal initiative called Secure Flight requires that the name on the ID you use at the airport security checkpoint precisely match the name on your airline ticket. Secure Flight takes effect for domestic passengers early next year and for international passengers by the end of 2010.

so if you use your driver’s license and it says John T. Smith, your ticket must also say John T. Smith — not John Thomas Smith, not Jack Smith, or any other name variant.

Submitted Link #1: http://www.nytimes.com/2009/10/20/business/20road....

... For some readers, the name on your DL does not match the name on your passport. (Example: my wife includes her maiden name on her DL but not on her passport.)

List the name, therefore, as shown on the document you plan to use as ID at the airport.

6567. Drake
LA, CA
Age: 34
Oct 21, 2009
Privacy story in LA - Pot&Kettle=black
Harvey Robert Levin (CA Bar #66577 - bar association status has been inactive since 1996) has a production company that pries into the lives of celebrities for the sake of 'entertainment'. Candid photos, video, idiotic questions peppering the victim in public, PI's searching through garbage and harassing family members for an exclusive story, etc. He is executive producer of the television show "TMZ".

Apparently he does not appreciate the LA County Sheriff looking into his phone records in their effort to find who leaked information about Mel Gibson's DUI arrest to the sleazy television show before the records were released to the public in the normal course of events.

The Sheriff had a search warrant (signed by a judge) for Harvey's phone records. What do you want to bet TMZ doesn't ALWAYS get a subpoena for phone records or other permissions for other records and artifacts when they are looking for a story?...

Harvey is feinting outrage - the comments at the bottom of the article reveal that not everyone backs his silly arguments.


Submitted Link #1: http://latimesblogs.latimes.com/lanow/2009/10/tmzs...

6564. Sarah
Georgia
Age: 41
Oct 20, 2009
A Trust within the LLC?
Hello J.J. and everyone, I hope someone can help with this. I plan on buying a house in Florida soon with a NM LLC. I am thinking of having a Trust act as the LLC's Manager or Member to add any extra layer of privacy and so that my name does not have to be listed as Member or Manager when it comes to signing real estate documents. Will this idea work?

Also, can I have a lawyer or friend act as a temporary LLC Manager to sign all the real estate forms? Basically, can I purchase a house (with no mortgage) without putting my name down on any paperwork? I'm trying to figure out how to do this the correct way.

I'd appreciate any suggestions or ideas about the above plan - thank you!

6563. Sebastian
Knoxville, TN
Age: 59
Oct 20, 2009
Remove Flash Cookies
The website below explains everything.

Submitted Link #1: http://www.pcworld.com/article/170880/better_priva...

6562. Bobby
Camas, WA
Age: 46
Oct 20, 2009
Free voice mail number
There is a service that I've been using for over a year now that provides a free, yes FREE, voicemail only number. You can set it up for your own voice as the greeting even. Its limited as far as being able to store more than a couple of messages without them being deleted and I believe you have to call it once a week atleast to keep the number active. When you search on the number, it will show it as a landline number which can be advantagous. If someone calls to that number to leave you a message which you need to return their call, you can always do it via a calling from another phone. I've been thoroughly satisfied with this for the limited purposes for which it has served. I don't mind giving this number to anyone anywhere since there is nothing that ties it back to me.

Submitted Link #1: http://www.laservoicemail.com/signup2.html...

6561. Jack
Portland, OR
Age: 32
Oct 19, 2009
selecting DMV clerks
As far as dealing with clerks of the opposite sex, it would be great if you could go to the DMV and "get in line" for a particular clerk, but there are no lines. Most offices use the number system. You take a number, wait for whichever clerk is available when your number comes up, and have no control over which one you get ... BUT...

What I did last time was take several numbers, although it won't work if they're consecutive. So you have to take one, let someone else take one, then you take another, etc. (How you do this will depend on how the numbers are dispensed.) This way, if a clerk you don't want calls your number, just don't answer and they'll assume that person has left and call the next number. Later, one of your other numbers will be called, perhaps by a "better" clerk.

6560. mike
San Francisco, CA
Age: 39
Oct 19, 2009
website privacy
Privacychoice.org shows you the privacy policies of thousands of websites and how to opt out quickly!

Submitted Link #1: http://privacychoice.org...

... Mike -- I corrected your address and added http:// to the URL because otherwise, it won't work.

6559. Seth
collbran, co
Age: 50
Oct 19, 2009
Amber and the ID incident

Another attagirl from me!

Well done. It's a hard thing to do to resist giving out personal information even in response to a polite inquiry, much less a belligerant, uniformed thug.

Would that we all could have this much savoir faire.

Now you might consider follow-up if you like. Make some phone calls. Find out if the person who accosted you is a private security guard or a sworn police officer.

If it's a private security guard, you might file a complaint with the local police for harassment and perhaps impersonating a police officer.

If it's a sworn officer, ask the supervisor who his supervisor is and by what authority his subordinates accost innocent civilians in a bus station?

Tell them you are going to file a civil rights complaint. Be calm, even when they yell and threaten you.

But DO NOT tell them your name! (But then you knew that...)

Of course, this only applies if you want to tilt at windmills. Otherwise, you did exactly the right thing. You remained silent and you stood for your rights as a citizen. I would NOT, however, be reluctant to use that bus station again, particularly if it's a public bus terminal.

If you choose to go back, and you're accosted again, this time you'll have a tape recorder (or iPod with voice recording mic) or a video recorder to record the entire incident. Ask his name and what agency he works for and by what authority he is demanding anything from you. Don't respond to his bullying, just record it, then leave again if you need to.

THEN go to the press, with the recording, and let them do an investigation. But decline to give your name in any case, to preserve your privacy.

6558. Amber
Tulsa, ok
Age: 30
Oct 19, 2009
ID incident
I sometimes ride the bus. I was at the bus station with my laptop computer bag waiting for the bus and the sheriff security guy comes up to me and starts asking me those invasive questions. I had done nothing wrong and was nicely dressed. Being a lawful citizen, I decided not to speak at all. I am the type of person to take my lumps for the sake of privacy. This is how the conversation went.

Sheriff/security: So where are you going today? Me: SILENT Sheriff/security: Not talking huh? I NEED TO SEE SOME ID! Me: SILENT Sheriff/security: (Getting in my face)DID YOU HEAR ME? If you are not going to show me ID then I am going to have to ask you to leave! Me: SILENT and leaving bus property. Sheriff/security: (On his radio) I NEED SOME BACK UP, I GOT A 1040 SHE IS WEARING (gives my description and is enraged to say the least)

I calmly left the bus property and went to the local coffee shop buried in a hotel. Knowing that I did not do anything wrong and was a law abiding person, I was not too concerned but I never returned to that local bus station. I was prepared to take my lumps and make them work for it.

On a side note, I snapped a quick picture of the guy (laughing)without being seen. I was not sure what kind of LE he was but I figured that if I left the property then I would not be subjected to his requests. Most people there were down and out, I am sure he did not expect my reaction. LE bozo clowns make me so angry ughhh!!!

... Hmmm ... I wonder if he was a real deputy or just a private security guard with no gun and no star?

To have some fun, you might want to write a letter to the editor of the local newspaper and describe what happened. (However, newspapers do not like to publish letters without knowing who wrote them.)

Anyway, you will get plenty of "attagirl" comments from the readers of this forum, starting with me. :-)

6557. Dave
Eagan, Mn
Age: 37
Oct 19, 2009
Vehicle License
Looking for vehicle help or ideas. I talked to the Minnesota DMV and asked if I could title my vehicle with my ghost address in Spain. They said it had to be a Minnesota address. Any ideas how to use my NMLLC and CI address and a Minnesota address and still maintain privacy?

... Did you tell the DMV it was YOUR address? Or did you explain that it was the LLC's home address and that they do not have an office in Minnesota? Or, could you license the vehicle in a neighboring state? In some states, the DMV will allow a foreign address if you sign a statement that you are NOT a resident of that state. Such would be the case if you have a MN DL but were licensing in ND, for example.

Do any other MN residents have a suggestion?

6556. jay
phoenix,az
Age: 30ish
Oct 19, 2009
Where Hiibel went wrong
George Gordon had a nice commentary on a couple of things Hiibel could have done to protect his 5th ammendment rights and why the ruling WAS constitutional. You can avoid this trap if you'd like to not give your name, by some simple dialog with the officer.

From Wikipedia:
"Furthermore, the officer’s request that Hiibel identify himself did not implicate Hiibel’s Fifth Amendment privilege against self-incrimination. There was no “articulated real and appreciable fear that [Hiibel’s] name would be used to incriminate him, or that it ‘would furnish a link in the chain of evidence needed to prosecute’ him.” Because Hiibel’s name was not an incriminating piece of evidence, he could not invoke the Fifth Amendment privilege in refusing to disclose it."

The key here is "Hiibel’s name was not an incriminating piece of evidence", you must establish with the officer that your name *may* be incriminating. When prompted for your name, ask the officer if you give your name, will it be run through any computer, NCIC or crime database. Could running your name through one of these computers or databases result in your arrest if a warrant is found? The officer will answer yes. You then say that you reserve your 5th ammendment right to remain silent because giving your name may result in your arrest.

The Hiibel case requires you assert your 5th ammendment rights with the officer at the time you are stopped, not after arrest. Hiibel did not establish that supplying his name could be incriminating and therefore the ruling claimed that his rights were not violated because in a normal circumstance, giving your name does not normally incriminate someone. The purpose of the dialog with the officer is that you estimablish that your name could be incriminating and you will automatically bring in your 5th ammendment rights.


Submitted Link #1: http://en.wikipedia.org/wiki/Hiibel_v._Sixth_Judic...

6554. john
conway sc
Age: 35
Oct 18, 2009
6551. Iris ID questions
ID questions “On the topic of ID and physical address; if you move away from the address listed on your license/ID and are "homeless" or live out of your vehicle how would you provide a residential address to police if they detained you? Does anyone know of any requirements to change your address on your license if you become homeless or dwell in your vehicle? ”

"Without rising suspicion; how does one find out their states law regarding what info has to be provided if asked by police?"
=============================

My sister works for the public school system. She & I recently had this conversation and she told me that a single mom was living in a car and could not get social services to assist her as she had no real residential address. You can use a shelter or a park bench as an address to be able to vote. SO.... I’d call the DMV office and ask this same question as if you were a teacher trying to be a child advocate. I’d have a teachers first name only, name made up and if they need to call you back you could just say I have a conference meeting all night this week and may I call you back. I would not give out the child’s name or parent as the parent fears she may lose her child and you would not want to divulge that as she is a good mom just down on her luck. You usually have around 60 days before you are required to let the DMV know you have moved in most states. With the economy like it is I’m sure a lot of folks are having this problem.

Or you could say I'm on vacation and just visiting in the area if you had an out of state DL. Hard to do If you had a job and a house though. NEVER LIE TO THE POLICE!

6553. Hector
NAPLES, FL
Age: 55
Oct 18, 2009
MOVED NO FOWARDING ADDRESS
JJL, I noticed that the junk mail now comes with the caption "OR CURRENT RESIDENT" below my name. Would it be a good idea to add the word "VACANT" to the "MOVED, NO FORWARDING ADDRESS" stamp, possibly, below the last row? I just acquired a 2000 Plus Heavy Duty Custom Print Kit, and it's very easy to add the word. Thanks.

6551. Iris
King George, VA
Age: 40
Oct 18, 2009
ID questions
On the topic of ID and physical address; if you move away from the address listed on yoour license/ID and are "homeless" or live out of your vehicle how would you provide a residential address to police if they detained you? Does anyone know of any requirements to change your address on your license if you become homeless or dwell in your vehicle?

Withoout raisinng suspicion; how does one find out their states law regarding what info has to be provided if asked by police? Is a person required to carry ID on them? Couldn't a person lock their license in the vehicle's glove box and leave it there? Given the connstantly changing laws; how does one learn what they can legally do and not do? The suggestion of asking if you are free to go, and if required, giving your info so as they have no time to copy it all down are good ideas.

... I'll answer one of your questions: Unlike some countries, you are not required to carry ID in the United Sates or Canada.

6550. Seth
collbran, co
Age: 50
Oct 18, 2009
RE: Seth - ID Requests
Frank Wrote:

"Seth, your proposed conversation is a virtual guarantee that the person stopped will get far more attention than he or she wanted or was risking in the first place.

"Additionally, Hiibel v. Sixth Judicial District Court and the Terry v. Ohio case on which much of the Hiibel decision was based more or less obviates the notion that a person has a right to refuse to ID himself, including providing an accurate address.

"Most states have laws on the books providing for penalties for lying to the police in such a situation, and like it or not, the ongoing trend in society for ... oh, I don't know, 150 years or so ... has been away from freedom, not towards it.

"Please see info from Duke Law on the Hiibel USSC course below, which has links to the actual decisions and filings involved."

=====================

Frank, you are correct in part. But the key to a Terry Stop, and the requirement for identification is reasonable articulable suspicion or probable cause to believe that the individual being detained has been, is currently, or is about to be involved in the commission of a CRIME.

While Hiible does indeed intrude farther into the privacy of individuals, the trigger is a crime of some kind.

In this case, being a "missing person" is NOT a crime, and when it comes to adults, a person is NOT compelled to provide identification documents to the police in answer to a missing persons report. Nor is one required to provide ID to an officer merely because he asks for it. Only if he has legitimate particularized suspicion that YOU are a suspect in a crime can he detain you in the first place. Warrantless, suspicionless "stop and frisk" is completely unconstitutional, although cops do it all the time, particularly in New York, Chicago, and LA, according to press reports. The problem is that the people they stop illegally are too stupid and too poor to sue the police.

And while I agree we've been moving away from privacy, we must jealously guard what we have remaining, and that includes not answering fishing expedition questions from cops during voluntary contacts.

As far as giving the police a false address, yes, this can get you into trouble, but only if they have a reason to check up on you, which again requires a crime of some sort that triggers their legal justification for a Terry stop. The key is not to give them an address at all unless they can demonstrate why they have a legal right to demand it. And there is NO requirement I've ever heard of requiring you to give your phone number to the police.

However, you do bring up a good point. NEVER LIE TO THE POLICE unless you are willing to risk an arrest, because it's pretty common for them to charge you with obstruction of justice or some such crime if they figure it out, and lying to a federal officer is a felony.

If you really insist on not giving them accurate information, then say nothing and take your lumps for doing so.

In this case however, there is actually no justification for a Terry stop, because being "missing" is not a crime, so any investigation has to be by consensual voluntary contact. Therefore, one SHOULD be able to just politely decline to answer any questions, even to admitting your identity, and walk away.

One should always ask a police officer, immediately whenever contacted, "Am I free to leave?" The answer to this question will generally tell you whether you are a suspect in a crime or if this is merely a voluntary contact.

If it's a voluntary contact, then you NEED NOT RESPOND to the officer AT ALL, and you may simply walk away, and should do so, unless you don't want to, but realize that you CAN walk away whenever you like, so long as you haven't chatted your way into being a suspect in a crime, in which case a voluntary contact can segue into a Terry stop and an arrest perfectly seamlessly, IF you shoot your mouth off and give the cop the information he needs. So don't talk. Listen if you like, but don't surrender to the natural inclination to have a "friendly chat" with the police. Whenever the police stop YOU, they are NEVER your friends, and just because they are good at being chatty and friendly doesn't mean they are going to overlook an admission that gives them a reason to arrest you. So shut up.

If the officer says, "No, you are not free to leave at this time." then you have been detained pursuant to Terry v. Ohio, and Hiible requires you to identify yourself, but not necessarily provide documentary identification.

In Colorado the law requires to you to provide your name, your address, a reasonable explanation of your actions, and identification "if available."

Note that "if available" does NOT allow a police officer to search you for ID. He cannot legally take your wallet out and rifle through it during a Terry stop.

You may say, "My name is Seth Barfly, I live at 1245 West 12th Street, and I'm going about my lawful occasions. Am I free to leave?"

You do NOT have to provide date of birth (in Colorado), and once you've given him the information, you need not do it again. If he didn't write it down or remember it, that's not your problem, and you should decline to repeat yourself, except to continue to ask if you are free to leave.

Eventually he will either arrest you or let you go, but you SHOULD NOT answer any questions he might ask, having fulfilled your duty to identify yourself.

People should, of course, know the details of their particular state's laws regarding what you are compelled to provide by way of information to a police officer.

Yes, in some cases you're going to be forced into the system, but knowing your rights, and knowing how to respond to an officer, and understanding whether he has legal authority to detain or arrest you, or if he's just fishing and it's a voluntary contact you are free to walk away from is essential for everyone, and it ought to be taught in school.

The key phrase: "Am I free to leave?" asked at about 5-10 minute intervals until he says yes, and you walk away, or no, and eventually he arrests you.

But if he arrests you illegally, you have legal recourse against him, so let HIM make the mistake by not giving him any information that you are not legally obligated to provide. If HE turns a voluntary contact into a Terry detention or an arrest WITHOUT the requisite probable cause or reasonable suspicion, the whole thing is open to attack at trial. But if YOU VOLUNTEER information that gives him the PC or RS he needs, during a voluntary contact, you're toast.

Maintaining privacy requires a mindset like a Russian, skeptical of any sort of personal inquiry, and deep reluctance to give out any sort of personal information just because someone asks.

If a cop demands your ID, you ask "Am I free to leave?" If he says "No." then you ask "Why am I being detained?" You may not get an answer, but by asking, you are putting the onus on him to answer your reasonable questions, and if he refuses, then later, in court, it appears that the officer was acting in bad faith by refusing to answer such a simple and reasonable question.

You may eventually end up having to fork over an ID, but you're establishing a defense and a claim for police misconduct by asking them to justify their detention of you.

Make them work for it and justify why they are making these demands, just do it politely and reasonably so that they can't argue that you're being belligerant or obstructive.

6549. Frank
Eufaula, AL
Age: 37
Oct 17, 2009
RE: Seth - ID Requests
Seth, your proposed conversation is a virtual guarantee that the person stopped will get far more attention than he or she wanted or was risking in the first place.

Additionally, Hiibel v. Sixth Judicial District Court and the Terry v. Ohio case on which much of the Hiibel decision was based more or less obviates the notion that a person has a right to refuse to ID himself, including providing an accurate address.

Most states have laws on the books providing for penalties for lying to the police in such a situation, and like it or not, the ongoing trend in society for ... oh, I don't know, 150 years or so ... has been away from freedom, not towards it.

Please see info from Duke Law on the Hiibel USSC course below, which has links to the actual decisions and filings involved.

Submitted Link #1: http://www.law.duke.edu/publiclaw/supremecourtonli...

6548. mark
Barnesville, GA
Age: 35
Oct 17, 2009
credit card activation; P.O. Box ID's
I Heard on Clark Howard's radio show that some people don't bother calling the credit card companies to activate the new cards and just go ahead and use them with success. I have two new ones- Discover and BOA American Express, so I decided to try it. I went to the store and got a bunch of things and went to the check out. Discover was declined. I asked the cashier if I could try the other one and it worked. Another thing I have done when I got a debit card from the bank and the paper work says it has to be activated from a home phone. I go to the bank instead and one of the employees calls in for me and activates it. A couple months ago I got a notice in my PO Box that they did not have two ID's on record and I would have to present them or my box would be closed on Aug 31. I ignored the letter and later got my box renewal envelope. I wrote a check for the annual fee and so far haven't been bothered by them.

6547. frank
Portland, Or
Age: 66
Oct 17, 2009
real estate offers to purchase
I want to be able to submit an offer to purchase real estate just in the name of an llc without my identy being revieled to any individual or government agency even with a court order. I am a real estate broker and in case there is litigation or investigation i do not want my identy to be attainable. This is strictly for legal purposes.

... Then use a nominee for the LLC.

6546. Jack
Portland, OR
Age: 32
Oct 17, 2009
new hires directory
I came across the websites for the National Directory of New Hires. I wasn’t aware that its purported purpose is “locating noncustodial parents, establishing child support orders and enforcing child support orders” (www.acf.hhs.gov/programs/cse/newhire/ndnh/ndnh.htm). That's probably not all it's used for.

I was able to avoid giving my home address to the company I currently work for. But if I work for a company with branches throughout the country, does the new hires directory match my name to the address of my specific office?

And if so, let’s say I transfer to another location within the company. Would this new office address then go into the new hires directory, or does the initial hiring information remain unchanged?

I was also curious about who can gain access to the directory. The website says that “commercial entities (e.g., law firms and collection agencies) do not have access to the NDNH.” However, I assume that at least most law enforcement and probably P.I.s can get into it somehow. Just curious… The link below has more info on what the agency requires employers to provide about new hires.

Submitted Link #1: http://www.acf.hhs.gov/programs/cse/newhire/employ...


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