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by NcongruNt
Sat May 05, 2007 3:56 am
Forum: General Texas CHL Discussion
Topic: Arrested for no DL or ID?
Replies: 21
Views: 4323

srothstein wrote: I am reminded of a Houston PD case from the mid 90's (IIRC). Two officers were answering a call for a suspicious person in one of the upscale neighborhoods. The description included a young black male wearing jeans and a t-shirt (or something similar). They see a middle aged black male jogging in shorts and a t-shirt and stop him. He refuses to cooperate or answer even what his name is. They arrested and booked him for failure to identify. I would hate to have been them the next morning when the federal judge was released on bail and calling the media, chief, and mayor.
Ouch. I'm betting they learned their lesson rather well.
by NcongruNt
Wed May 02, 2007 12:12 pm
Forum: General Texas CHL Discussion
Topic: Arrested for no DL or ID?
Replies: 21
Views: 4323

Here's the law:
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.
It's simply failure to identify yourself truthfully and properly in an arrest or detainment. It doesn't mention having to have an identification card. I'm not a lawyer, though, I'm sure someone more in the know will clarify this.

Thinking about it, you could probably get busted for refusing to identify, as the request for identification is a lawful order. I don't have a reference for that one, though - I may be wrong

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