TexasCHLforum.com

TGC §411.205 wrote:DISPLAYING LICENSE; PENALTY. (a) 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.

Wikipedia.org wrote:Texas does not require a detainee to identify himself, but does make it a crime to provide a false name. Texas Penal Code § 38.02 reads, in relevant part,
(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.
See Stop and Identify Statues footnotes.

seconds wrote:I stand corrected! </grovel>

hpcatx wrote:

seconds wrote:I stand corrected! </grovel>

Didn't mean to come off over the top... just wanted to make sure our fellow forum member didn't find himself/herself in any legal entanglements. Please, no groveling.

gigag04 wrote:If you're walking down the street (when there is a sidewalk or with traffic), and refuse to ID, I would take you to jail for it. If you still refuse, I'd add fail to ID, and do a two finger lookup.

bronco78 wrote:

gigag04 wrote:If you're walking down the street (when there is a sidewalk or with traffic), and refuse to ID, I would take you to jail for it. If you still refuse, I'd add fail to ID, and do a two finger lookup.

gigag04, can you provide a cite that requires us to ID ourselfs

Or under what code, law, would you cite someone for falling to comply with when you charge them with failure to ID.

Thanks

Dave2 wrote:I think he's talking about not having his ID on him, not refusing to tell the cops who he his.

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.

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.