I've been watching this thread, and thinking about the wording of the law. We all know that words have meaning, and I keep wondering about the word "demand".. "when a peace officer or magistrate demands..."
This implies to me that a peace officer or magistrate must have a leagally justifiable reason to demand identification before I am required to produce it. Take the situation where I am walking down the street with a friend of mine, and a police officer says "good afternoon guys, can I see some ID?"
Now under the law my friend (no CHL) is under no obligation to produce any form of ID, but the consensus opion here seems to be that I must now produce both TXDL and CHL... I contend that that is not right.
Now if I am driving a car, the law says I must produce my TXDL(TC521.025, or if I am lawfully arrested, detained, or a witness to a criminal offense I must give my info(PC38.02). Under those circumstances I believe they can demand id.
If I am in my home and I call the police to come take a report about a theft, criminal mischief, etc. I will provide my Id when requested, and I will say something like "do you need my CHL too?"
If I am in my home minding my own business(not violating any laws) ans an officer knocks on the door and asks for Id, I don't think I will feel obliged to hand over my DL and CHL...
One think people should understand is that police officers want to gather as much information as possible in any situation, as a result they are taught to ask for things "hey, man what are you doing here? got any id? can I see it?" These are leading questions, but they are not demands. It the person volunteers the information great. Now if they say "you stop! Give me your ID" This is a demand. It is also a detention, and they also have to have reasonable suspicion to do it...
I'm not a lawyer, but I do know that different words have different meanings, and I can gernerally tell the difference between a demand and a simple request... YMMV
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• Page 1 of 1
- by KRM45
- Wed Dec 24, 2008 11:04 pm
- Forum: General Texas CHL Discussion
- Topic: ID in the home...
- Replies: 65
- Views: 8040
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