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by loktite
Fri Jan 05, 2018 11:11 am
Forum: Off-Topic
Topic: Questions About LEO's Asking For ID's When I'm Simply Passenger
Replies: 53
Views: 13501

Re: Questions About LEO's Asking For ID's When I'm Simply Passenger

Ok, but lets go back to 38.02 (b) for a second.. please clarify for me..
Sec. 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.
(b).(3) is fictitious info for a witness. It does not state that a refusal to give info is an offense for a witness.

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