Hurley's Gold

Failure to ID

The #1 community for Gun Owners in Texas

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Status
    Not open for further replies.

    vmax

    TGT Addict
    TGT Supporter
    Rating - 100%
    8   0   0
    Apr 15, 2013
    17,305
    96
    So...you can get arrested for failure to ID..
    I thought if you were just contacted by the man, you didn’t have to ID unless you were being charged with a crime..
    Notice her arrest looks like it was for failing to ID.
    I’d like to know the back story
    7F128270-049A-4DC6-8B53-3F141673FF80.jpeg
    Venture Surplus ad
     

    Attachments

    • 7F128270-049A-4DC6-8B53-3F141673FF80.jpeg
      7F128270-049A-4DC6-8B53-3F141673FF80.jpeg
      92.5 KB · Views: 1,122

    Frank59

    Wheel Gunner
    Rating - 0%
    0   0   0
    May 14, 2018
    1,897
    96
    San Angelo
    A little off topic. I was out jogging one day and was asked by a police officer to ID. Did not have my DL with me so I gave him my name and date of birth. He checked it, said thanks, and I finished my workout. Really not that hard to prove who you are.
     
    Last edited:

    Shady

    The One And Only
    Rating - 0%
    0   0   0
    Aug 24, 2013
    4,656
    96
    Some cop pulled me over for no blinker I know so he could come smell for pot and I don't do drugs. Clean record nothing in over 20 years he wrote me for it and was 200+ bucks in stupid tax but you know what I have not forgot to use the blinker again lol.

    The charge appears to be Violation of Parole - Failure to ID.

    Probably did not have/claimed to not have ID and used a fake name while he stopped for some other reason, like failure to signal a lane change.
     

    oohrah

    Well-Known
    Rating - 0%
    0   0   0
    Jul 24, 2013
    1,243
    96
    Heart O' Texas
    LEO can ask you for ID if they have PC or RS, called a Terry Stop, you don't have to be driving.

    IMO, this is an egregious violation of 4A rights, because an unscrupulous LEO can pretty much claim anything is RS. Just OCing is sufficient for a Terry Stop.
     

    bigwheel

    Active Member
    Rating - 0%
    0   0   0
    Oct 19, 2018
    993
    46
    Fort Worth
    So...you can get arrested for failure to ID..
    I thought if you were just contacted by the man, you didn’t have to ID unless you were being charged with a crime..
    Notice her arrest looks like it was for failing to ID.
    I’d like to know the back story
    View attachment 166021
    Unless Texas Law has changed recently an official policeman can require anybody to identify themselves. If they refuse or lie it’s a class C violation. If they lie and have a warrant out it jumps to Class B. It’s normally used on folks who have broken some law or suspicious looking democrats.
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    Unless Texas Law has changed recently an official policeman can require anybody to identify themselves. If they refuse or lie it’s a class C violation. If they lie and have a warrant out it jumps to Class B. It’s normally used on folks who have broken some law or suspicious looking democrats.

    Texas law hasn't changed, but you are incorrect.

    Here is the law;

    Texas Penal Code
    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).

    Unless engaged in a licensed activity requiring the person to be licensed and to display that license on demand, there is NO law that allows "an official policeman to require anybody to identify themselves."

    If I am walking down the sidewalk and a LEO asks me to ID myself I can refuse with no violation.
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    LEO can ask you for ID if they have PC or RS, called a Terry Stop, you don't have to be driving.
    Not exactly..See my post above. Well, they can ask but I am under no obligation to comply.

    IMO, this is an egregious violation of 4A rights, because an unscrupulous LEO can pretty much claim anything is RS. Just OCing is sufficient for a Terry Stop.
    I think you misunderstand a Terry stop. All Terry does is allow a stop and temporary detainment and frisk for weapons. It has nothing to do with requiring a person to ID. In Hiibel v. Sixth Judicial District Court of Nevada (2004), the court ruled that in states with stop ID laws, that those hold valid under Terry.
     
    Last edited:

    Hoji

    Bowling-Pin Commando
    Rating - 100%
    36   0   0
    May 28, 2008
    17,700
    96
    Mustang Ridge
    You are so much more polite about calling out misinformation than I am TXI.

    I had something prepared in response to aforementioned misinformation but you have beaten me to it.
     

    avvidclif

    TGT Addict
    Rating - 100%
    3   0   0
    Aug 30, 2017
    5,794
    96
    Van Zandt County
    Unless Texas Law has changed recently an official policeman can require anybody to identify themselves. If they refuse or lie it’s a class C violation. If they lie and have a warrant out it jumps to Class B. It’s normally used on folks who have broken some law or suspicious looking democrats.

    You mean that big red "D" tattooed on their forehead doesn't stand for dumba**
     

    Renegade

    SuperOwner
    Rating - 100%
    1   0   0
    Mar 5, 2008
    11,749
    96
    Texas
    TXI has it all covered.

    Basicially, Texas is NOT a stop/ID state. We have some very good ID laws. And notice unless you are engaged in a licensed activity, you NEVER have to show a physical ID, and there are only a few items you need to tell, and DL#, SSN, birth city, etc are none of them.
     

    ZX9RCAM

    Over the Rainbow bridge...
    TGT Supporter
    Lifetime Member
    Rating - 100%
    2   0   0
    May 14, 2008
    59,737
    96
    The Woodlands, Tx.
    Another law I never knew about is that on any roadway with more than one lane each way, the inside lane is the passing lane.
    That lane is for "passing" only.
    My SIL says it's one of his pet peeves and frequently pulls people over for just cruising in the passing lane.
     

    easy rider

    Summer Slacker
    Lifetime Member
    Rating - 0%
    0   0   0
    Jun 10, 2015
    31,489
    96
    Odessa, Tx
    Really? Although if the socialists get their dreams things would be different, we're not living in Nazi Germany where "show me your papers" was a common response of law enforcement.
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    Another law I never knew about is that on any roadway with more than one lane each way, the inside lane is the passing lane.
    That lane is for "passing" only.
    My SIL says it's one of his pet peeves and frequently pulls people over for just cruising in the passing lane.

    I don't believe that is accurate.
     
    Status
    Not open for further replies.
    Every Day Man
    Tyrant

    Support

    Latest posts

    Forum statistics

    Threads
    116,119
    Messages
    2,953,342
    Members
    34,941
    Latest member
    Irowland1994
    Top Bottom