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Started By
Message
Opinion needed: Were any privacy laws or 4th amendment violated?
Posted on 9/24/22 at 12:40 pm
Posted on 9/24/22 at 12:40 pm
This happened to someone I know this morning and trying to figure out who was in the wrong here.
A bit long so bear with me
A guy goes to withdraw cash from a bank through the drive-through. The bank teller says their Saturday limit is only $1K and sends him his ID and withdrawal slip back.
He says no you can't restrict access to my money and I already called your customer service to verify I could get this much today please give me my cash and sends his ID and info back.
Apparently the teller gets an attitude and starts to make a copy of his ID so she could tell her supervisor on Monday. He says you do not have permission to copy my ID please give it back. He also starts recording her refusing to destroy the copy and return his ID and once she realizes he is recording her she says "I'm calling the cops"
He too calls the cops to report his ID stolen and a swarm of cops shows up. One of them is apparently a real prick (go figure) and says that once he gave the teller possession of his ID she has a right to copy it and do what she wants with it. Does that sound accurate? He gave it to conduct a normal bank transaction but restricted her access once he demanded it back and told her not to copy it. Seems like she would be in violation of privacy laws at that point. The cop says she wasn't. What do you think? Privacy rights violated or not?
The man says fine just get me my ID back, please. He was not detained or under reasonable suspicion for anything. The cop goes to get the ID and then takes that ID to run the guy's info for warrants. He did not run the teller's info only the guys and did not notify the guy he was running it or that he was detained. Does that seem like a 4A violation?
The guy is pretty hot and said he is going to cancel his account on Monday but I think he had all sorts of rights violated today.
What are your thoughts?
A bit long so bear with me
A guy goes to withdraw cash from a bank through the drive-through. The bank teller says their Saturday limit is only $1K and sends him his ID and withdrawal slip back.
He says no you can't restrict access to my money and I already called your customer service to verify I could get this much today please give me my cash and sends his ID and info back.
Apparently the teller gets an attitude and starts to make a copy of his ID so she could tell her supervisor on Monday. He says you do not have permission to copy my ID please give it back. He also starts recording her refusing to destroy the copy and return his ID and once she realizes he is recording her she says "I'm calling the cops"
He too calls the cops to report his ID stolen and a swarm of cops shows up. One of them is apparently a real prick (go figure) and says that once he gave the teller possession of his ID she has a right to copy it and do what she wants with it. Does that sound accurate? He gave it to conduct a normal bank transaction but restricted her access once he demanded it back and told her not to copy it. Seems like she would be in violation of privacy laws at that point. The cop says she wasn't. What do you think? Privacy rights violated or not?
The man says fine just get me my ID back, please. He was not detained or under reasonable suspicion for anything. The cop goes to get the ID and then takes that ID to run the guy's info for warrants. He did not run the teller's info only the guys and did not notify the guy he was running it or that he was detained. Does that seem like a 4A violation?
The guy is pretty hot and said he is going to cancel his account on Monday but I think he had all sorts of rights violated today.
What are your thoughts?
22
Posted on 9/24/22 at 12:44 pm to stout
Idiots everywhere
Posted on 9/24/22 at 12:47 pm to EarlyCuyler3
quote:
Idiots everywhere
Perhaps but I don't think a teller has the right to copy his ID and I think it's crazy a bank can limit your access to your cash just because it's Saturday. If they are open you should be able to take any amount out.
Also, it's crazy that the cop ran his info using a license that no one had permission to be in possession of according to the owner.
Posted on 9/24/22 at 12:55 pm to stout
quote:
I don't think a teller has the right to copy his ID
Maybe, but they already have all of his information anyway, so what difference does it make? Sounds like your buddy showed his arse and made a dumb situation worse.
Posted on 9/24/22 at 12:58 pm to EarlyCuyler3
quote:
Maybe, but they already have all of his information anyway, so what difference does it make?
That's a bad argument when to access that info you have to have access to their system and everything is tracked by user info. She was making a hard copy that could easily be lost or wind up in someone else's possession. You would be OK with some random teller making copies of your private info and leaving it out for all to see or it winding up in the trash for someone to take?
quote:
Sounds like your buddy showed his arse and made a dumb situation worse.
By wanting his cash and even calling customer service ahead of time to make sure it would not be an issue? What else he could have done differently?
This post was edited on 9/24/22 at 1:00 pm
Posted on 9/24/22 at 1:03 pm to stout
quote:
That's a bad argument when to access that info you have to have access to their system and everything is tracked by user info. She was making a hard copy that could easily be lost or wind up in someone else's possession. You would be OK with some random teller making copies of your private info and leaving it out for all to see or it winding up in the trash for someone to take?
Talk about a bad argument. Their data could be breached as well. And likely this could have all been avoided again had "your buddy" not been a dickhead. I don't get myself into this situation.
This post was edited on 9/24/22 at 1:05 pm
Posted on 9/24/22 at 1:05 pm to stout
I assume if he voluntarily handed her his ID she can make a copy.
Not sure about the $1000 limit. Maybe it’s a rule at the drive thru? That part sounds like part of the story is missing or it’s made up BS
Not sure about the $1000 limit. Maybe it’s a rule at the drive thru? That part sounds like part of the story is missing or it’s made up BS
Posted on 9/24/22 at 1:06 pm to EarlyCuyler3
quote:
Their data could be breached as well
Sure it could. Happens all of the time and when it happens companies get sued for privacy violations do they not?
That still doesn't change the fact that she may have very well violated his privacy rights and according to the customer service she violated the bank's policy.
quote:
And likely this could have all been avoided again had "your buddy" not been a dickhead.
Yea what a dickhead he is for trying to get his cash.
I though you libs werent supposed to victime blame?
Posted on 9/24/22 at 1:08 pm to redneck hippie
quote:
I assume if he voluntarily handed her his ID she can make a copy.
He told her not to and she still proceeded to. He gave it to conduct a normal transaction. He restricted her access once he demanded she stopped so her rights to that ID stopped when he told her is my argument.
quote:
That part sounds like part of the story is missing or it’s made up BS
It's not. I know the bank and have banked there as well. It is very real and part of the reason I no longer bank there.
That is not of his concern at this point. He is over it but I was curious if his rights were violated. I still think both his privacy rights and 4th A were. Just seeing if others agree
Posted on 9/24/22 at 1:10 pm to stout
If it's that important, go during the week. Anyone with any sort of sense should realize that some random teller isn't going to know a thing about him calling ahead. Banks are shite and try to charge you for everything or keep you from your money as much as they can get away with. Why are you surprised by this?
Posted on 9/24/22 at 1:11 pm to stout
Sounds like the cops violated his rights, unlawful search without Articulable Reasonable Suspicion he has, was, or was about to commit a crime.
Posted on 9/24/22 at 1:12 pm to EarlyCuyler3
quote:
If it's that important, go during the week
Not everyone can get to a bank during the week due to their line of work. They are open on Saturday so he assumed he could handle it today.
Again, that is no longer the issue for me. I still think he had his rights violated today.
Posted on 9/24/22 at 1:12 pm to dakarx
quote:
ounds like the cops violated his rights, unlawful search without Articulable Reasonable Suspicion he has, was, or was about to commit a crime.
That's my thoughts as well.
What would you do if it happened to you?
Posted on 9/24/22 at 1:13 pm to stout
4A. Limits government, not the private sector. A Cop running him for Warrants is the Cop’s discretion. It’s interesting how the bank employee was automatically given the benefit of the doubt by the Cop.
It sounds like a civil dispute to me. The lesson here is that Banks are not your friend. Making a copy of an ID is a pretty bad policy as it’s setting customers up for identity theft by bank employees.
It sounds like a civil dispute to me. The lesson here is that Banks are not your friend. Making a copy of an ID is a pretty bad policy as it’s setting customers up for identity theft by bank employees.
Posted on 9/24/22 at 1:14 pm to LSUwag
quote:
A Cop running him for Warrants is the Cop’s discretion
Then why do those audit guys win such huge lawsuits when their 4A is violated?
Posted on 9/24/22 at 1:15 pm to stout
I understand being pissed at the bank but arguing with $18/hr employees is pointless. This dude has almost definitely done this at a drive thru and eaten a booger burger.
Posted on 9/24/22 at 1:17 pm to billjamin
quote:
I understand being pissed at the bank but arguing with $18/hr employees is pointless.
Which is why he called ahead of time and one part I left out is customer service was supposed to have called that branch to tell them to give him the cash.
quote:
This dude has almost definitely done this at a drive thru and eaten a booger burger.
Possibly
Posted on 9/24/22 at 1:20 pm to stout
quote:
What would you do if it happened to you?
Step 1- Go talk with a lawyer with experience with civil rights cases.
Posted on 9/24/22 at 1:30 pm to stout
quote:
Then why do those audit guys win such huge lawsuits when their 4A is violated?
I’m not a lawyer but I know there’s a lot of case law that permits a Cop to detain and run their name.
Breaking this down, it has three issues which are separate.
1) can a bank limit a withdraw to $1000?
2) can the bank make a copy of the customer’s ID?
3) Can a Cop run the customer for warrants after the bank made a complaint?
Posted on 9/24/22 at 1:32 pm to stout
So I know a little bit about this as one of my good friends is a BOA bank manager.
Apparently 90% of their fraud happens via the drive through so they limit what you can and can’t do through there. Including the amount. What bank was it?
Apparently 90% of their fraud happens via the drive through so they limit what you can and can’t do through there. Including the amount. What bank was it?
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