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HPD can fingerprint you anywhere now


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Does this also mean they can take your fingerprint and put in their databases at will?

Probably not. There is a pretty involved process for entering fingerprints into the database. Plus, they keep a hard copy of the 10 finger plus palm print card. This device is a read-only setup.

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Probably not. There is a pretty involved process for entering fingerprints into the database. Plus, they keep a hard copy of the 10 finger plus palm print card. This device is a read-only setup.

No doubt, but the process problems can be overcome with current technology. I have no doubt there are some in law enforcement who would like to see everyone fingerprinted and entered into a database. Is there anything on the books that would prevent HPD from taking fingerprints during traffic or other stops if they had the means to do so?

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No doubt, but the process problems can be overcome with current technology. I have no doubt there are some in law enforcement who would like to see everyone fingerprinted and entered into a database. Is there anything on the books that would prevent HPD from taking fingerprints during traffic or other stops if they had the means to do so?

Other than the US and Texas Constitutions, I am not aware of anything.

Actually, the current technology doesn't do what you think it does. These fingerprint scanners are good at finding "possible matches", but they are not 100% accurate. They still need to be compared to hard copy fingerprint cards to confirm a match. However, the scanners are good for determining a probable identity. The only time HPD will likely use the scanner is when a person gives a name and DOB and it doesn't show up in the DL or ID databases. That is an indicator that the person is giving a fake name. THEN, the scanner comes out. If you produce a picture ID and it looks like you, no more ID is needed in most cases.

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Other than the US and Texas Constitutions, I am not aware of anything.

Actually, the current technology doesn't do what you think it does. These fingerprint scanners are good at finding "possible matches", but they are not 100% accurate. They still need to be compared to hard copy fingerprint cards to confirm a match. However, the scanners are good for determining a probable identity. The only time HPD will likely use the scanner is when a person gives a name and DOB and it doesn't show up in the DL or ID databases. That is an indicator that the person is giving a fake name. THEN, the scanner comes out. If you produce a picture ID and it looks like you, no more ID is needed in most cases.

I've never read the Texas Constitution and it's been a while since I read the US. Just out of curiosity, what provision of the US Constitution would prohibit this? Unreasonable search and seizure, maybe? Or is it buried in a court ruling?

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There are laws that define when the police can demand fingerprints. The short version is for any arrest, and generally when they have doubts as to your identity. They can also get them when you are a suspect in a crime. They are generally not allowed to demand evidence (fingerprints) from you if you are not under arrest or a suspect. Bear in mind that several states are changing their laws to allow for this, though. As the scanners become more common, expect Texas laws to change to allow them for more situations.

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There are laws that define when the police can demand fingerprints. The short version is for any arrest, and generally when they have doubts as to your identity. They can also get them when you are a suspect in a crime. They are generally not allowed to demand evidence (fingerprints) from you if you are not under arrest or a suspect. Bear in mind that several states are changing their laws to allow for this, though. As the scanners become more common, expect Texas laws to change to allow them for more situations.

Thanks for the info. Interesting...so fingerprints are legally considered evidence, then?

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