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Boerne Responds to Accusations of Brutality

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  • candcallen

    Crotchety, Snarky, Truthful. You'll get over it.
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    I can't find anything about that in the penal code. Can you share where it is?
    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

    She gave him a drivers license with the wrong address on it, acknowledged it was the wrong address and refused to give the correct address. She was lawfully detained during the traffic stop. Therefore she committed the offense of failure to identify.
     

    jordanmills

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    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

    She gave him a drivers license with the wrong address on it, acknowledged it was the wrong address and refused to give the correct address. She was lawfully detained during the traffic stop. Therefore she committed the offense of failure to identify.
    She presented the license because she was asked for a license, not for her address. She didn't present it as her address. She said it wasn't her address when asked. Neither subsection applies.
     

    TX OMFS

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    She presented the license because she was asked for a license, not for her address. She didn't present it as her address. She said it wasn't her address when asked. Neither subsection applies.
    Watch again. He told her he needed an address for the citation since the Arkansas address was incorrect. She refused.
     

    busykngt

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    She also said she was on her way home from “work” [in Boerne] and he had stopped her before.

    I believe Texas law also says you have thirty days after you take up residency in the state, in which to get your drivers license switched over to Texas. I suspect this is a separate law she’s probably in violation of.

    Car wasn’t registered (currently licensed) - original cause for the stop.

    Did the car have a current inspection? Unknown to us from the video, but it’d be interesting to know. You can’t renew the car tags without a current state inspection.

    And given that history, I say there’s a real good chance she wasn’t carrying the mandatory liability insurance. In fact, I’d bet on it! Basically anything having to do with the “privilege” of operating a motor vehicle on public roads, she was treating like it was some kind of “right” she was entitled to (without having to pay for and follow the law like other citizens have to). Clearly, the “grow woman” should not have been driving that car!

    Wonder if they towed her car? That would cost her even more money to get her car out of hock. Maybe, since her mother was there, the cops cut her a break and let the mother drive the car home.
     
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    candcallen

    Crotchety, Snarky, Truthful. You'll get over it.
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    She presented the license because she was asked for a license, not for her address. She didn't present it as her address. She said it wasn't her address when asked. Neither subsection applies.
    Christ almighty. This isn't that hard.

    Asking for a license is for showing you're legal to drive. Its also to I'd you for the investigation and any resulting citation. A DL IS YOUR ID. THE TWO ARE ONE IN THE SAME AND UNIVERSALLY UNDERSTOOD AS SUCH. How is the officer supposed to cite and release you without the ID info? Just what do you think he is asking when he asks if everything on the License, i.e. the identification information, is correct?

    The usual conversation goes is "everything on your license correct" meaning your identity for any citation. This officer went further and directly asked about the address and she directly refused.

    He specifically questioned the address and requested a correct address which she refused to give. That is failure to id.

    In the end who's in jail? She wouldnt be if she gave a correct address.

    Go with god my son
     
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    jordanmills

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    Christ almighty. This isn't that hard.

    Asking for a license is for showing you're legal to drive. Its also to I'd you for the investigation and any resulting citation. A DL IS YOUR ID. THE TWO ARE ONE IN THE SAME AND UNIVERSALLY UNDERSTOOD AS SUCH. How is the officer supposed to cite and release you without the ID info? Just what do you think he is asking when he asks if everything on the License, i.e. the identification information, is correct?

    The usual conversation goes is "everything on your license correct" meaning your identity for any citation. This officer went further and directly asked about the address and she directly refused.

    He specifically questioned the address and requested a correct address which she refused to give. That is failure to id.

    In the end who's in jail? She wouldnt be if she gave a correct address.

    Go with god my son
    There is nothing in the penal code that makes that failure to ID. Unless there's some subsection C that says "it's also an offense if you're not under arrest and a cop wants more information to fill out his forms".
     

    V-Tach

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    For those that say she broke no laws.....and those that say she did....

    The Judge and the Jury will decide........

    Argue either side till you're blue in the face or your fingers bleed from the keyboard.....

    That's the way it works.......our opinion(s) is/are not worth jack....
     

    Davetex

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