It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Some features of ATS will be disabled while you continue to use an ad-blocker.
He was charged with Failure to Identify and Failure to produce a drivers license. When the officer asked for his license, the guy refused to provide it. Verbal information is not listed as an acceptable form of Id under Texas Law. The guy was lawfully detained, which means he is required to provide identification to law enforcement under Texas Law.
Penal Code 38.02 / 521.05 -
521.05 established the requirement in order to operate a motor vehicle. Even though its under transportation code, it establishes the criminal penalty for violating it, which is enforceable by Law Enforcement.
Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY.
(a) A person required to hold a license under Section 521.021 shall:
(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and
(2) display the license on the demand of a magistrate, court officer, or peace officer.
If not in compliance -
(c) A person who violates this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200, except that: ..........
In addition, the transportation code also establishes an affirmative defense for the defendant -
(d) It is a defense to prosecution under this section if the person charged produces in court a driver's license:
(1) issued to that person;
(2) appropriate for the type of vehicle operated; and
(3) valid at the time of the arrest for the offense.
As for the last comment - I disagree. Law Enforcement was within the law to be present and ask the questions they did. The guy who challenged them created the problem the moment he decided to start quoting laws. As an example in the beginning of the video he put the Texas Penal Code 38.02 on the screen. The problem with that is he failed to read the entire statute. Had he done so he would have realized officers can require ID when a person is detained, which he was at that point.
As for the cops not willing to let it go and move on. In the video, when the guy was released, he did not leave. He came back to the officers and once more started to argue. To state cops weren't willing to let it go, when they told the guy to leave, is a bit off imo.