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  #1  
Old 08-02-2007, 05:03 PM
bett bett is offline
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Can you refuse to have your mugshot taken?

I'm always amazed at how some of the worst, nastiest, most hardened criminals will cooperate to have their mugshot taken. Why, just take a look at this unsavory fellow: http://estb.msn.com/i/E7/9F97F1C7F14...586A4954C5.jpg

What happens if you don't politely stand there and let them take your photo. Can they force you to have your mugshot taken?
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  #2  
Old 08-02-2007, 05:11 PM
Kozmik Kozmik is offline
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Yeah, what are they going to do? Throw you in jail?
  #3  
Old 08-02-2007, 10:34 PM
Moirai Moirai is offline
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I was given no choice when I was booked. It appears that both a photo and fingerprints are SOP

Shut up and don't smile.
  #4  
Old 08-02-2007, 11:23 PM
Colibri Colibri is offline
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As an anecdote, the one time I was booked (in 1975), the cops were bringing in some drunk guys who had been fighting (maybe with the cops) and were rather the worse for wear. One guy resisted having his mug shot taken and ended up being photographed while one of the cops held him up against the wall by his throat.
  #5  
Old 08-02-2007, 11:35 PM
askeptic askeptic is offline
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Do you really want to know or are you just trying to take a swipe at a celebrity you don't care for?

I mean what does a blind link to an unflatering pic of Hugh Grant have to do with your OP?

No you cannot refuse. Well you can but they are going to take the picture anyway.
  #6  
Old 08-02-2007, 11:41 PM
silenus silenus is offline
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You can have your picture taken without bruises, or with. Your choice.
  #7  
Old 08-03-2007, 02:35 AM
EvilGhandi EvilGhandi is offline
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Not to mention that your behavior at arrest will be noted on sentencing. You wanna be the guy that the judge gets to see being held by a sheriff for a mug shot?

Last edited by EvilGhandi; 08-03-2007 at 02:36 AM.
  #8  
Old 08-03-2007, 03:36 AM
T_SQUARE T_SQUARE is offline
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The OP didn't ask, "Is it a wise policy to refuse a mug shot?" He was just asking if it's legally doable. Of course it's not a good idea.
  #9  
Old 08-03-2007, 03:44 AM
lowbrass lowbrass is offline
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I don't think you have much choice about anything when you are arrested (other than whether you have to answer questions that might incriminate yourself). Why would you think otherwise? I imagine the same thing would happen that would happen if you didn't politely get in the police car, or didn't politely go into the jail cell, or didn't politely submit to a search and surrender your personal effects. They would force you to.
  #10  
Old 08-03-2007, 03:45 AM
bbs2k bbs2k is offline
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Quote:
Originally Posted by EJsGirl
Shut up and don't smile.
A lot of people believe that smiling saved this guy a lot of political face. Meaning that the democrats were hoping to use a "mugshot" to depict him as more of a criminal rather than looking just like him posing for a picture.

Oh yeah, that's Tom Delay.
  #11  
Old 08-03-2007, 04:48 AM
Little Cloud Little Cloud is offline
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Yup, Shut up and smile seems to be the best way to go.
  #12  
Old 08-03-2007, 05:00 AM
Mangetout Mangetout is offline
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I'm surprised that smiling isn't stipulated against - it is for passport photos.
  #13  
Old 08-03-2007, 09:21 AM
Cagey Drifter Cagey Drifter is offline
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Seriously though, what if you happen to be of one of the American Indian tribes that believes that having your photograph taken damages your soul?
  #14  
Old 08-03-2007, 09:40 AM
Absolute Absolute is offline
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Quote:
Originally Posted by Cagey Drifter
Seriously though, what if you happen to be of one of the American Indian tribes that believes that having your photograph taken damages your soul?
Tough shit.
  #15  
Old 08-03-2007, 09:41 AM
bett bett is offline
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I was really wondering what would happen if you did everthing in your power not to have your mugshot taken. What if you wouldn't stand up, wouldn't look at the camera, made weird faces, etc. Would they forceably hold you in place while they take your photo?

If I was any sort of public figure and was accused of a crime, I might do everything in my power to prevent my mugshot from being taken. Especially if I was innocent. Those mugshots seem to follow the celebs around forever.

On some recent TV show they showed a mugshot of Larry King. My first thought at seeing the mugshot was that he committed a crime. But later I realized that the mugshot is taken when you are arrested. Whether he's innocent or not, that mugshot lives forever.
  #16  
Old 08-03-2007, 09:49 AM
vetbridge vetbridge is offline
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Quote:
Originally Posted by Cagey Drifter
Seriously though, what if you happen to be of one of the American Indian tribes that believes that having your photograph taken damages your soul?
Or an Amish dude. Though I guess they don't find themselves jailed too often.
  #17  
Old 08-03-2007, 10:09 AM
Elendil's Heir Elendil's Heir is offline
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Yes, you have to permit your photo to be taken at booking. If you don't, you'll be held in place so that it can be taken, and that will probably be brought to the judge's attention at sentencing. Actively fighting to keep from having your photo taken may result in an additional charge of resisting arrest, disorderly conduct or even obstruction of justice. If you have a genuine religious objection to having your picture taken, I guess you could try to persuade the booking officer, but I doubt it'd work and there just wouldn't be time for your lawyer to run to court and get an injunction.

My dad insists that, when Ohio began requiring photos on drivers licenses back in the 1960s, a friend of his told the BMV he had a religious objection as a Druid (!) to having his photo taken. The BMV allegedly bought it and, instead of a photo, a small gray square with the words "RELIGIOUS EXEMPTION" appeared on his license. I, however, have my doubts.
  #18  
Old 08-03-2007, 10:18 AM
Mangetout Mangetout is offline
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Quote:
Originally Posted by Absolute
Tough shit.
Quite, I mean, what if I argued that being locked in a room with an iron door was harmful to my soul?
  #19  
Old 08-03-2007, 10:19 AM
redtail23 redtail23 is offline
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OK, first, that picture of Larry King is terrific! Wow, like it's so 70s, man. Far out and groovy!

So I can see that the cops could hold you up against the wall to have your mugshot taken. But what could they do if you insisted on making funny faces? You know, crossing your eyes, sticking out your tongue, twisting your face up, that sort of thing? Do they have some sort of face-clamp or do they just beat on you until you stop?

Not that I'm recommending this course of action, just curious.
  #20  
Old 08-03-2007, 10:22 AM
control-z control-z is offline
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Quote:
Originally Posted by bett
On some recent TV show they showed a mugshot of Larry King. My first thought at seeing the mugshot was that he committed a crime. But later I realized that the mugshot is taken when you are arrested. Whether he's innocent or not, that mugshot lives forever.
It appears to be from the year 971, that guy is really OLD! Larry King must be a vampire of some sort.
  #21  
Old 08-03-2007, 12:47 PM
vetbridge vetbridge is offline
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Quote:
Originally Posted by redtail23
But what could they do if you insisted on making funny faces?
http://www.thesmokinggun.com/archive...7071mugs2.html

That's what happens!
  #22  
Old 08-03-2007, 01:49 PM
pravnik pravnik is offline
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You know, of the dozens of stories I've heard of offenders fighting cops during arrest and even at booking, I've never heard of someone fighting to not have their mugshot taken. I guess if you're going to fight, by the time you get cuffed, get to the station, get booked, and get your mughsot taken, you're too gassed to fight too much harder.

Either that, or just chalk it up to "everyone likes getting their picture taken." All the big-timers have famous mugshots, don't you want one too? Would you rather sneer at the camera with your trademarked ice-cold killer glare, or cry about having your picture taken like a 2 year old at Sears?

Last edited by pravnik; 08-03-2007 at 01:49 PM.
  #23  
Old 08-03-2007, 02:37 PM
Northern Piper Northern Piper is offline
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The Canadian statute which authorises the taking of mug shots and finger-prints is The Identification of Criminals Act. It specifically authorises the use of force when taking photos and fingerprints under the Act:
Quote:
Fingerprints and photographs

2.
(1) The following persons may be fingerprinted or photographed or subjected to such other measurements, processes and operations having the object of identifying persons as are approved by order of the Governor in Council:
(a) any person who is in lawful custody charged with or convicted of
(i) an indictable offence, other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, or

(ii) an offence under the Security of Information Act;
(b) any person who has been apprehended under the Extradition Act;

(c) any person alleged to have committed an indictable offence, other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, who is required pursuant to subsection 501(3) or 509(5) of the Criminal Code to appear for the purposes of this Act by an appearance notice, promise to appear, recognizance or summons; or

(d) any person who is in lawful custody pursuant to section 83.3 of the Criminal Code.
Use of force

(2) Such force may be used as is necessary to the effectual carrying out and application of the measurements, processes and operations described under subsection (1).
  #24  
Old 08-03-2007, 02:49 PM
ftg ftg is offline
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I don't know about Amish and Druids, but there have been cases lately involving Muslim women and veils and such. In the debates I've seen, it has applied to driver's licenses and such. Some areas are more accomodating than others.

But it might be a Real Life Issue for mug shots.

(Aside: You know, it's kinda weird doing a Dope posting after spending time coding. I keep wanting to add braces and slashes all over the place for some stupid reason.)
  #25  
Old 08-03-2007, 03:29 PM
Jackmannii Jackmannii is offline
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Quote:
Originally Posted by askeptic
Do you really want to know or are you just trying to take a swipe at a celebrity you don't care for?
Yeah, enough with the gratuitous mugshot postings.
  #26  
Old 08-03-2007, 03:34 PM
postcards postcards is offline
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Quote:
Originally Posted by bett
What happens if you don't politely stand there..?
Like this guy?

That's not polite!
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Talking Pictures
  #27  
Old 08-03-2007, 04:00 PM
bbs2k bbs2k is offline
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Quote:
Originally Posted by postcards
Like this guy?

That's not polite!
Okay, that's a real funny bunch of pics to scroll through. A lot of idiots with ironic t-shirts and crazies. But can someone explain to my why she is one of the mugshots???

Am I daft? It looks like the simple shot of a fairly attractive and young brunette. I can't pick out any ironic slogans or physical deformities. Is it just funny because she's smiling, and so someone shouldn't be smiling for a mugshot?
  #28  
Old 08-03-2007, 04:02 PM
Moirai Moirai is offline
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I was told specifically not to smile. I did as I was told.
  #29  
Old 08-03-2007, 04:07 PM
pravnik pravnik is offline
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Quote:
Originally Posted by bigbabysweets2000
Am I daft? It looks like the simple shot of a fairly attractive and young brunette. I can't pick out any ironic slogans or physical deformities. Is it just funny because she's smiling, and so someone shouldn't be smiling for a mugshot?
I guess it's just that she looks so cute, impish, and nonchalant. More like a school photo than a mugshot.
  #30  
Old 08-03-2007, 05:46 PM
Green Bean Green Bean is offline
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Quote:
Originally Posted by askeptic
I mean what does a blind link to an unflatering pic of Hugh Grant have to do with your OP?
I dunno, but I got a giggle out of it.
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