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Soccerdad1995 wrote:

loktite wrote: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.

I read it the same way. Illegal to refuse info if you are under arrest. Otherwise you can refuse. But it is always illegal to give out false info.

RPBrown wrote:Going to turn the table for a second.
Driver is pulled over for any infraction. Officer comes up and says I'm Officer LEO from Noname Police Department. The reason for the stop is you failed to do whatever. Are there and weapons in the car?

Now, said driver is unaware that you as a passenger has a LTC much less has a gun on your person and answers no. Officer LEO asks driver if he can search the vehicle and he answers sure, I've got nothing to hide. He proceeds to pull everyone out of the vehicle and in doing so, sees your gun which you are lawfully OCing. Now, he did not ask you for ID nor did he ask anyone else if there were weapons in the vehicle. So now, lets for grins say he is a rookie and has you at gun point for having a weapon and not letting you speak because he is trying to get back up there because there is a MWAG.
Do you:
(A) keep trying to tell him you have a LTC
(B) wait until his back up arrives and hope the rookie doesn't get too nervous
(C) Just let it play out until someone finally asks for ID

Or, do you inform the LEO at the time of the initial question that you have a LTC and are lawfully carrying?

I could see this happening and going wrong in so many ways

Teamless wrote:

Abraham wrote:.... the refusee, if you will, then has their vehicle towed away and impounded while the L.E.O. gets a search warrant. You are then left to walk home or call your spouse to come get you, a cab, a friend, etc. In my opinion this is an abuse of power.

Let them TOW my vehicle
My lawyer (I don't have one yet... ) will handle it and the City/State/County/Precinct will be sued and will pay over the abuse of power.

LeonCarr wrote:So the only time you can have a witness to a criminal offense is on a traffic stop?

38.02(b)(3) does not differentiate between a traffic stop and a "house stop".

Just my .02,
LeonCarr

LeonCarr wrote:Texas Penal Code:

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.

Just my .02,
LeonCarr