Legal Question in Civil Rights Law in Pennsylvania

Hi,

My 18 yr old son went to the Country Fair convenience store, about a block and half away from our house, to purchase cigarettes. The store clerk would not sell them to him because he did not have the proper ID. He got upset because every other clerk there had sold them to him with the ID he had. So he called her a B and left. She followed him out the door and said "You SOB don't you ever F...ing come back here again." He flipped her the bird while walking away. Well she called the police saying she was afraid of him.

The first I heard of this incident was when a state trooper called our house and told me that my son had gone into the country fair tried to buy cigarettes and when the clerk wouldn't sell them to him he starting swearing at the clerk and scared her. I said �Oh I'm very sorry, I'll go down there and apologize and give the clerk my number in case it ever happens again. We go there all the time." The trooper thought that would be a good idea, sounded sympathetic and added a suggestion. He said he wasn't going to charge him but wanted to come over and speak with him. So I informed him that he wasn't home and that if he gave me his number I would try to get a hold of my son to give him his number to return his call. The trooper asked for my address, I asked why he needed to know that information and that's when his attitude changed, he got very hostile. Now, I don't know who this person on the other end of the phone is, anyone could call my house and say they are anyone just to get information. We have been drilled �Don�t give out your personal information over the phone." The trooper started pressuring me to give him my address, he even said "You know I could charge him with disorderly conduct." I said "Are you threatening me that if I don't give you my address your going to charge my son with disorderly conduct?" He said that he wasn't. He also said that he needed my address to come over to my house to speak with my son. Well at this point I didn't want him at my house and said I would bring my son over to the station to talk to him. The trooper said "No I'm coming to your house" I said "No, I would rather you not. He said "NO...I'M COMING TO YOUR HOUSE!" that's when I said "That's enough, I'm done with this conversation."

My husband got a hold of my son and texted him the troopers number. When my son called back he said the trooper wasn't there so he left his phone number for him to call him back. Guess where the trooper was....in my driveway! He came knocked on my door, I said "I already told you that he wasn't home. He called you and you weren't there. He left you a message with his number." He turned around and left.

I went to Country Fair and the clerk was there and recognized me and asked me if I wanted her to tell me what had happened. I apologized for my son swearing at her and said sure if you want to. She told me the same thing I've related in the first paragraph. When she said "I'll admit I was mad that he called me a B so I went out the door, and swore at him.� I said "The trooper said that you said you were scared of him." She kinda hmmm, hawed and started saying something else.

My son talked to the trooper over the phone and told him his side of the story. He never asked to meet with him face to face. But he did tell him that he had his personal information he said it out loud to him including his social security number.

I did some research online it is not illegal in Pennsylvania to swear at someone. The American Civil Liberties Union has recently been trying cases, and winning, because state troopers were abusing the disorderly conduct charge, using it to charge people just for swearing.

My question is....Is it legal for a state trooper to search personal information about someone that hasn't committed or suspected of committing a crime?

1 Answer from Attorneys

Related Questions & Answers

More Civil Rights Law questions and answers in Pennsylvania

Looking for something else?