Device thwarts crooks using stolen IDs

ALBUQUERQUE (KRQE) - A new portable device now being used on a test basis by some law enforcement agencies should stop a form of identity theft that can heap legal trouble on victims.

"It does a scan across fingerprints,” said Ron Burton, chief information officer for the Department of Public Safety. “It digitizes that (then) sends it off to DPS to be sent to our criminal justice database or at the NCIC database at the FBI."

The technology is meant to stop people who are arrested from providing a false name to police. Often, when that happens, the mistake isn’t cleared up in time to stop the charge from appearing on the innocent person’s criminal record.

And it is a time-consuming and nearly impossible process to expunge the charge.

Called Live Scan, the devices can match a person’s identity in seconds to their fingerprints provided they’re on file. Authorities have been using large Live Scan machines for about five years at jails, police stations and even state agencies like the Children, Youth and Families Department.

A year ago, DPS gave two of the handheld machines to New Mexico State Police officers while another was provided to the Albuquerque Police Department.

It saves officers time since they don't have to drive a suspect to a machine to confirm their identity.

"That's about an hour out of our process,” said one undercover APD officer. “(It takes) two officers out of the field for that time.”

In about a year, officers could have a live scan application on their state-issued smart phones, according to DPS.

The device could have kept Christyna Romero's name out of the court system.

In January her sister, Amber Romero, was arrested for using methamphetamine. Amber Romero gave Christyna Romero's name to police when she was arrested.

A judge dismissed the charge against Christyna Romero, but she has to hire an attorney to expunge the charge from her record. She said a lawyer wanted more than $5,000 to do that.

"(I’m) very frustrated,” she said. “I don't have a lot of faith in our judicial system.”

Albuquerque police said they only fingerprint someone with their permission.

Criminal attorneys with the New Mexico Bar Association told KRQE News 13 the devices might violate search and seizure rights under the Fourth Amendment by forcing someone to give a fingerprint.

Joshua Boone, the vice chair of the criminal law division with the New Mexico Bar, said he worries officers would eventually fingerprint everyone on a criminal case or even traffic stops.