Note that it is an offense to provide false information when detained under § 38.02(b), but you are not required to provide any information. If you are detained, you have the right to keep your mouth shut.apostate wrote:Furthermore, until the guys videotaping at Walmart are arrested (or detained) they aren't required to even provide that information.
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- Wed Apr 04, 2012 10:11 pm
- Forum: LEO Contacts & Bloopers
- Topic: Off Duty Officer and guys recording at wal-mart
- Replies: 85
- Views: 19422
Re: Off Duty Officer and guys recording at wal-mart
- Wed Apr 04, 2012 9:57 pm
- Forum: LEO Contacts & Bloopers
- Topic: Off Duty Officer and guys recording at wal-mart
- Replies: 85
- Views: 19422
Re: Off Duty Officer and guys recording at wal-mart
By the way, everyone, please note a key point in the statute. You can be arrested for intentionally refusing to give your name/address/DOB upon arrest. However, the statute does not require providing a driver license or other form of identification documents. It simply requires you to provide the requested info without lying.Keith B wrote:Texas does not have a 'Stop and Identify' law. You only have to give your info once you have been lawfully arrested per TPC 38.02. However, you can be cahrged if you give the officer false information if detained (listed in same statute.)§ 38.02. FAILURE TO IDENTIFY. (a) A person commits an
offense if he intentionally refuses to give his name, residence
address, or date of birth to a peace officer who has lawfully
arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a
false or fictitious name, residence address, or date of birth to a
peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the
peace officer has good cause to believe is a witness to a criminal
offense.
(c) Except as provided by Subsections (d) and (e), an
offense under this section is:
(1) a Class C misdemeanor if the offense is committed
under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed
under Subsection (b).
(d) If it is shown on the trial of an offense under this
section that the defendant was a fugitive from justice at the time
of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed
under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed
under Subsection (b).
(e) If conduct that constitutes an offense under this
section also constitutes an offense under Section 106.07, Alcoholic
Beverage Code, the actor may be prosecuted only under Section
106.07.
- Tue Apr 03, 2012 7:15 am
- Forum: LEO Contacts & Bloopers
- Topic: Off Duty Officer and guys recording at wal-mart
- Replies: 85
- Views: 19422
Re: Off Duty Officer and guys recording at wal-mart
Don't know the Texas statute, but the US Supreme Court has already weighed in on that issue. Needs to be a valid stop to require ID. That wasn't a valid stop.RSJ wrote:Anyone know the TX state law/citation for the statute about showing/not showing ID (i'm not talking about CHL)
Major tactical error.
The people videotaping are 100% in the right up until that moment. They do not have to talk to the cop, they do not have to stop videotaping, they do not have to show ID, they do not have to consent to being detained. They can ignore the cop and not interact with him at all.
Touch the cop, however, and he just committed a crime. That changes everything. Now they can be detained, arrested, ID'd, the works. Idiots.
- Sun Apr 01, 2012 7:00 pm
- Forum: LEO Contacts & Bloopers
- Topic: Off Duty Officer and guys recording at wal-mart
- Replies: 85
- Views: 19422
Re: Off Duty Officer and guys recording at wal-mart
Major tactical error.tbrown wrote:He touched a cop in uniform
The people videotaping are 100% in the right up until that moment. They do not have to talk to the cop, they do not have to stop videotaping, they do not have to show ID, they do not have to consent to being detained. They can ignore the cop and not interact with him at all.
Touch the cop, however, and he just committed a crime. That changes everything. Now they can be detained, arrested, ID'd, the works. Idiots.