June 13, 2104
Police officers in Texas frequently believe that they have a right to identify anyone at anytime for any reason.
They are frequently wrong.
The two young men in this video below were pulled over by a police officer who incorrectly thought that the registration on their car was expired, he was wrong.
Then he demanded this teen’s ID, and told the teen that he was required to give him the ID. However, the cop was wrong again.
The Texas Failure to Identify law is fairly simple. Why don’t police get it? It states:
- (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.
The teen was not legally detained, nor arrested, therefore, according to state law he did not have to produce ID.
The only mistake the kid made in this video was not taking the officer up on his bet when he said “wanna bet?” if it was the law. Nice job guys!
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