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by srothstein
Mon Dec 29, 2008 11:42 pm
Forum: General Texas CHL Discussion
Topic: ID in the home...
Replies: 65
Views: 7989

Re: ID in the home...

seamusTX wrote:Your creepy neighbor called in an anonymous false tip to CrimeStoppers.
Or, to give a recent well known example, a person with an axe to grind calls in to a child abuse hotline and claims that they were living with you and you sexually abused them as a minor. CPS will come knocking with lots of police support pretty quickly apparently.
by srothstein
Sun Dec 28, 2008 10:21 pm
Forum: General Texas CHL Discussion
Topic: ID in the home...
Replies: 65
Views: 7989

Re: ID in the home...

In my experience, the most common time cops will ask for ID when you are in your home is if you or someone called them there. If you called to report a crime, the cop may ask for your ID so he can write your information down accurately instead of asking you to spell your name and then get your date of birth. Some report forms will also ask for a DL number, but it is not really necessary (I know of some that ask for SSN but I never asked for it and never got in trouble).

The second reason is if the cop is there in response to a report of trouble, such as a disturbance. This could be you and your spouse arguing or a neighbor that complained of loud music, etc. In this case, the officer is also looking for your ID to prove who you really are in addition to getting a name for a report.

The way I read the law, in either case you would be required to give your CHL with the DL. The second case would clearly require it as the officer is probably about to run you anyway. The first case will probably not have the officer running your information so he would never know.

And yes, just as if you have a gun in your car when you are stopped, the imposition is harsher on CHL's than on others. I know that in neither case is a non-CHL required to actually produce any ID, just give the information. I see the law as requiring the production from a CHL though.

And yes, I could be wrong and the lack of requirement to actually produce anything might negate this law, or at least be a strong defense in court.
by srothstein
Tue Dec 23, 2008 10:40 pm
Forum: General Texas CHL Discussion
Topic: ID in the home...
Replies: 65
Views: 7989

Re: ID in the home...

The answer is really clear when you look at the exact wording of the law. You are required to show the CHL with the DL/ID when asked for it by a peace officer unless you do not have a gun with you. There is no limit to where or how the officer asks for the ID.

The only part that is unclear is if you have to produce the CHL when you would not have to produce a DL. From the way the law is written, I would say that it applies then since it does not say "when required" to ID, just when demanded by an officer. I can definitely see a defense in this if you are not required to produce an ID at all, but it is not the right place to argue, as you pointed out already.

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