cb1000rider wrote:Jumping Frog wrote:I would not have identified myself in those circumstances. Of course, I'd never be in those circumstances because I am never unarmed in public so I must then comply with the CHL identification requirements.
Might ask one of our resident LEOs how that would work out in similar circumstances. The officer was investigating a "disturbance" and although you don't have to hand him a DL, you do have to identify yourself... It's pretty trivial to for the officer to come up with a circumstance that justifies compelling ID. The officer does not have to give you reasons or tell you why he's demanding ID, BTW.
It's reasonable to ask the guy for his credentials first, but to refuse to give your name under this circumstance, that's not going to work out so well.
No, you don't have to ID yourself unless you are under arrest. You cannot give false information, but you can refuse to give information until you are arrested, then you have to identify yourself. It seems simple to me but it also seems the LEOs on this thread do not agree with it.
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.
(c) Except as provided by Subsections (d) and (e), an offense under this section is:
(1) a Class C misdemeanor if the offense is committed under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed under Subsection (b).
(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed under Subsection (b).
(e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07.