TexasCHLforum.com

mamabearCali wrote:Like I said if it is a prelude to finding out other crimes that that person is engaged in--no problem--good use of resources. I am just thinking about my walks with my kids down the block to a friends house (we live in a rather peaceful area--no overt drug problems/prostitution/gang stuff) and trying to figure out if I am walking on the left side of the road as we have no sidewalks in my subdivision.

gigag04 wrote:One of the above posts describes a scenario of walking down the street. I can think of at least a two part traffic infractions a person is committing while walking down the street:

Sec. 552.006.  USE OF SIDEWALK. (a) A pedestrian may not walk along and on a roadway if an adjacent sidewalk is provided and is accessible to the pedestrian.
(b)  If a sidewalk is not provided, a pedestrian walking along and on a highway shall if possible walk on:
(1)  the left side of the roadway; or
(2)  the shoulder of the highway facing oncoming traffic.
(c)  The operator of a vehicle emerging from or entering an alley, building, or private road or driveway shall yield the right-of-way to a pedestrian approaching on a sidewalk extending across the alley, building entrance or exit, road, or driveway.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 497, Sec. 3, eff. June 11, 2001.

So, using the above statute, I can assume a valid detention. You are not required to ID if you are merely detained. If a person refuses to ID when I have them detained for the above infraction, I would merely arrest for the TC violation. This guarantees I figure out who they are, and keeps me constitutionally bound.

Keep in mind, this is not an everyday enforcement action, but just a tool in the bag to supress crime.