What constitutes request for ID?

[terryg]

Some kids, presumably, came though out neighborhood and vandalized Christmas decorations at a few homes - including ours. They killed our blow up rolly-polly reindeer by gutting it with a knife. All and all, it was not a lot of money involved, but I wanted the police to know so that they can be aware of any patterns that may be forming. So I called them and they sent a unit over.

In the course of the conversation in my front yard, the officer asked me for my name, DOB, and phone number which I provided. He did not, however, ask to see any ID nor ask if I was armed. So I did not show ID or CHL nor did I offer up that I was armed. But it occurred to me that by asking for my name, he was in a sense, asking for a form of identification. But my thinking is that the law is specific to asking for printed identification as opposed to any sort of verbal exchange of ID.

Would you all agree that this is correct? It just caught me by surprise a little as I was prepared for him to ask me for my ID but didn't anticipate this exchange.

[Dave2]

I am not a lawyer, and this is certainly not legal advise. This is just how I personally view things, without doing any research.

I view "ID" or "identification" as one of those magic words, not unlike the wording in 30.06 signs. If (s)he didn't say "ID" or "identification", I wouldn't worry about it. Of course, don't lie to them if they ask, though.

[Bullwhip]

Your name and address and dob are "indentifying info" not "ID". ID is a piece of plastic.

Goverment Code Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.

No requirement to have ID or have a CHL on your own property. No penalty for not showing ID since 2009. Don't worry.

[terryg]

Your name and address and dob are "indentifying info" not "ID". ID is a piece of plastic.

Goverment Code Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.

No requirement to have ID or have a CHL on your own property. No penalty for not showing ID since 2009. Don't worry.

Thank you. I wans't worried - my gut told me I was doing the right thing. But the encounter generated an opportunity to 'fine tune' or confirm what I thought was the right answer.

[bilgerat57]

Someone please correct me if I'm wrong, but my understanding has been that if you come into contact with a LEO you are supposed to identify yourself as a CHL holder. As it was explained to me, this was to prevent any unwanted reactions by the officer during the course of the contact should he observe you to be armed. I may have misunderstood this as a requirement vs a recommendation. Living in the countryside, most of the local LEO are at least familiar enough to where I don't have to worry much about it. However I do have to travel through Houston on a monthly basis, so I would feel better to know for sure. Thanks!

[speedsix]

...once again, I would follow the letter of the law...I've had a lot of conversations with cops about things I've called in on...on the street or at home...a coupla times they asked for my driver's license to make a report...I handed them both DL and CHL...if they just ask the name or info without requesting identification papers/cards/etc...I don't volunteer it...
...HOWEVER...if the conversation led you to believe that you were under investigation or about to be arrested , I would bring it up immediately, prefaced by "I know you don't like surprises, Officer...so I want to tell you that I have a CHL and will be glad to show it to you if you wish..." might keep you or him from making a trip to the laundry...let him ask you if you are armed at this time...don't tell him "I have a gun" or anything of the sort...

[cbr600]

deleted

[MoJo]

Someone please correct me if I'm wrong, but my understanding has been that if you come into contact with a LEO you are supposed to identify yourself as a CHL holder. As it was explained to me, this was to prevent any unwanted reactions by the officer during the course of the contact should he observe you to be armed. I may have misunderstood this as a requirement vs a recommendation. Living in the countryside, most of the local LEO are at least familiar enough to where I don't have to worry much about it. However I do have to travel through Houston on a monthly basis, so I would feel better to know for sure. Thanks!

The only time you have to show ID is when an LEO asks for ID. Coming into contact can have a lot of interpretations, you don't have to identify yourself in casual contact (donut shop, etc.) only during official contact where the officer asks for ID.

[srothstein]

I think Speedsix has the basic policy down, especially if you read the law the way CBR600 quoted it.

You are legally required to provide the DL when you are asked for your DL/ID AND when you are carrying a pistol on or about your person. But the general policy most on the board advise is to give your CHL over anytime the officer asks for your DL, whether you are carrying or not at the time. It is basically one of those ways to go along and not cause any surprises for the officer. But if you are just talking and he asks your name or address, there is no reason to give him the DL or CHL at all.

And if you think you are being investigated for something, you might consider carefully volunteering the information. I like the way Speedsix put it because one of the problems with doing this is that it can be taken the wrong way and seen as possibly threatening if you do it wrong. Of course, I also do not argue with the general advice on the board of not talking with the police when they are investigating you. If you search for those threads, you can find all of the reasons for and against any cooperation and make your own mind up.

[ELB]

...If you search for those threads, you can find all of the reasons for and against any cooperation and make your own mind up.

Aha! Another job for FAQman!

If you are so inclined, you will find many of these discussions here: FAQ: What do I do or say after defending myself?

[Purplehood]

Some kids, presumably, came though out neighborhood and vandalized Christmas decorations at a few homes - including ours. They killed our blow up rolly-polly reindeer by gutting it with a knife. All and all, it was not a lot of money involved, but I wanted the police to know so that they can be aware of any patterns that may be forming. So I called them and they sent a unit over.

In the course of the conversation in my front yard, the officer asked me for my name, DOB, and phone number which I provided. He did not, however, ask to see any ID nor ask if I was armed. So I did not show ID or CHL nor did I offer up that I was armed. But it occurred to me that by asking for my name, he was in a sense, asking for a form of identification. But my thinking is that the law is specific to asking for printed identification as opposed to any sort of verbal exchange of ID.

Would you all agree that this is correct? It just caught me by surprise a little as I was prepared for him to ask me for my ID but didn't anticipate this exchange.

I had a similar encounter with a Deputy Sheriff. I reported an attempted burglary in my brothers apartment that I interrupted with my Glock 27 in hand. I recounted what happened to the Officer and he never asked for ID, where my weapon was, or anything in regards to my being armed. He just took the report and gave advise.

[jordanmills]

Your name and address and dob are "indentifying info" not "ID". ID is a piece of plastic.

Goverment Code Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.

No requirement to have ID or have a CHL on your own property. No penalty for not showing ID since 2009. Don't worry.

In my not-so-lawyerly-opinion, the operative word here is "display". The officer can request you identify yourself without asking you to display DPS-issued identification. It's only when he/she/it/they ask for your license, as opposed to the info that may also be printed on your license, that the obligation comes into effect.

[bilgerat57]

I certainly appreciate the responses. It's given me somewhat to consider. For the sake of clarity, when I use the phrase 'contact' I was referring to official rather than social interaction. As far as being investigated is concerned, I want an attorney. Period. It might drag things out a bit more, but the alternative can be way more costly. The law has long since gone beyond anything a layman can deal with alone. Thanks for the info!