I was stopped and asked for id while walking. There was no reasonable suspicion or probable cause. I refused and the officer threatened to take me to jail because he said Texas law requires me to give id information to any officer who requests it. I reluctantly gave the information he requested. I have since read Texas penal code 38.02.
Was I within my rights do decline the request for id.
Did the officer's threat and misstating the law violate Texas law?
Or was he following routine police procedures?
Criminal Defense Attorney
§ 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.
That is the law. Now, of course, the chance you take is that the officer might not tell quite the truth if he decides to arrest you. He may say you were not using the sidewalk; or you were walking in a way indicating you were intoxicated and a danger to yourself; or that there was a report of incident in the area involving a person dressed like you.......
DUI / DWI Attorney
Technically, you do have the right to walk away from an officer with answering any questions at all. However, he also has the right to arrest you if he has probably cause to believe an offense occurred. And probable cause is easy to fabricate. So in general, I would say getting into a pissing match with a cop is a risky proposition.
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Criminal Defense Attorney
I agree with Ms. Henley's answer.
If you really want to make an issue of this incident, you might consult with a civil rights lawyer.
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