# Can you refuse to have your mugshot taken?

**URL:** <https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194>\
**Category:** Factual Questions\
**Created:** [August 2, 2007, 10:03pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194 "2007-08-02T22:03:54Z")\
**Posts on this page:** 10\
**Page:** 2

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**Author:** ![vetbridge](https://avatars.discourse-cdn.com/v4/letter/v/b5e925/32.png) [@vetbridge](https://boards.straightdope.com/u/vetbridge)\
**Post date:** [August 3, 2007, 5:47pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/21 "2007-08-03T17:47:32Z")

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[QUOTE=redtail23]  
But what could they do if you insisted on making funny faces?  
[/QUOTE]

> **[The Smoking Gun: Public Documents, Mug Shots](http://www.thesmokinggun.com/)**
>
> Public Documents, Mug Shots

That’s what happens!

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**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\
**Post date:** [August 3, 2007, 6:49pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/22 "2007-08-03T18:49:07Z")

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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? 😉

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [August 3, 2007, 7:37pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/23 "2007-08-03T19:37:51Z")

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The Canadian statute which authorises the taking of mug shots and finger-prints is [The Identification of Criminals Act](http://laws.justice.gc.ca/en/ShowFullDoc/cs/I-1//20070803/en?command=home&caller=SI&search_type=all&shorttitle=identification%20of%20criminals&day=3&month=8&year=2007&search_domain=cs&showall=L&statuteyear=all&lengthannual=50&length=50). It specifically authorises the use of force when taking photos and fingerprints under the Act:

> [@](#):
>
> \*\*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
> 
> indent 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_.[/indent]
> 
> **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)**.

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**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\
**Post date:** [August 3, 2007, 7:49pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/24 "2007-08-03T19:49:26Z")

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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.)

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**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\
**Post date:** [August 3, 2007, 8:29pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/25 "2007-08-03T20:29:34Z")

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[QUOTE=askeptic]  
Do you really want to know or are you just trying to take a swipe at a celebrity you don’t care for?  
[/QUOTE]  
Yeah, enough with the [gratuitous mugshot](http://mindtangle.net/wp-content/nick_nolte.jpg) postings.

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**Author:** ![postcards](https://avatars.discourse-cdn.com/v4/letter/p/8e8cbc/32.png) [@postcards](https://boards.straightdope.com/u/postcards)\
**Post date:** [August 3, 2007, 8:34pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/26 "2007-08-03T20:34:50Z")

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[QUOTE=bett]

What happens if you don’t politely stand there..?  
[/QUOTE]

[Like this guy?](http://www.thesmokinggun.com/archive/years/2007/0727071mugs8.html)

That’s not polite!

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**Author:** ![bbs2k](https://avatars.discourse-cdn.com/v4/letter/b/e495f1/32.png) [@bbs2k](https://boards.straightdope.com/u/bbs2k)\
**Post date:** [August 3, 2007, 9:00pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/27 "2007-08-03T21:00:05Z")

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[QUOTE=postcards]  
[Like this guy?](http://www.thesmokinggun.com/archive/years/2007/0727071mugs8.html)

That’s not polite!  
[/QUOTE]

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](http://www.thesmokinggun.com/archive/years/2007/0727071mugs6.html) 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?

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**Author:** ![Moirai](https://avatars.discourse-cdn.com/v4/letter/m/96bed5/32.png) [@Moirai](https://boards.straightdope.com/u/Moirai)\
**Post date:** [August 3, 2007, 9:02pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/28 "2007-08-03T21:02:02Z")

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I was told specifically not to smile. I did as I was told.

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**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\
**Post date:** [August 3, 2007, 9:07pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/29 "2007-08-03T21:07:40Z")

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[QUOTE=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?  
[/QUOTE]  
I guess it’s just that she looks so cute, impish, and nonchalant. More like a school photo than a mugshot.

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**Author:** ![Green\_Bean](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/green_bean/32/1760_2.png) [@Green\_Bean](https://boards.straightdope.com/u/Green_Bean)\
**Post date:** [August 3, 2007, 10:46pm UTC](https://boards.straightdope.com/t/can-you-refuse-to-have-your-mugshot-taken/414194/30 "2007-08-03T22:46:44Z")

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[QUOTE=askeptic]  
I mean what does a blind link to an unflatering pic of Hugh Grant have to do with your OP?  
[/QUOTE]  
I dunno, but I got a giggle out of it.

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