ID law and CHL

[Jaguar]

I’ve had a question mulling around my head for a while now and I can’t figure it out, maybe you guys can help.

According to Texas Law,

PC 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.

I would submit you also have to provide ID if operating a motor vehicle but I don’t have that code in front of me.

But the Texas law also states,

GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (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.

I have seen many youtube videos where an officer asks for ID but since the person was not required to provide it they did not and were either let go or arrested and later released without charges. Often the obstinate citizen is lectured, sometimes threatened, and rarely arrested even when no good cause for requiring ID is present.

So, if you are not lawfully arrested or operating a motor vehicle, are you required to comply with a magistrate or a peace officer demand to display identification if the conditions in 38.02 are not met?

Where this would get sticky is if the officer arrests you on bogus charges and you then produce ID and CHL and he finds you are armed. That might warrant a good tazing in the officer's opinion. I guess the prudent thing to do would be to surrender your 4th amendment rights when armed, but I don't like giving up one right to exercise another.

Thoughts?

[Keith B]

I’ve had a question mulling around my head for a while now and I can’t figure it out, maybe you guys can help.

According to Texas Law,

PC 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.

I would submit you also have to provide ID if operating a motor vehicle but I don’t have that code in front of me.

But the Texas law also states,

GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (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.

I have seen many youtube videos where an officer asks for ID but since the person was not required to provide it they did not and were either let go or arrested and later released without charges. Often the obstinate citizen is lectured, sometimes threatened, and rarely arrested even when no good cause for requiring ID is present.

So, if you are not lawfully arrested or operating a motor vehicle, are you required to comply with a magistrate or a peace officer demand to display identification if the conditions in 38.02 are not met?

Where this would get sticky is if the officer arrests you on bogus charges and you then produce ID and CHL and he finds you are armed. That might warrant a good tazing in the officer's opinion. I guess the prudent thing to do would be to surrender your 4th amendment rights when armed, but I don't like giving up one right to exercise another.

Thoughts?

These are key if you are NOT carrying. If you ARE carrying, then you MUST display your ID and CHL for any officer who requests to see ID.

[Jaguar]

These are key if you are NOT carrying. If you ARE carrying, then you MUST display your ID and CHL for any officer who requests to see ID.

I am an hobbiest photographer and cops these days seem to be looking harder at photographers on the street. I can see an overzelous officer demanding ID because I have taken photos of something I deem interesting and they deem a national security threat. I would request they go away if I wasn't armed, but would have to submit to their demands if I am.

Maybe I will just go unarmed when taking photos if I have to surrender my right to privacy.