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Texas Cops Unlawfully Detain Driver, File False Charges - You Gotta See This

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posted on Mar, 11 2014 @ 12:18 PM


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.

The officers did not state anything other than this is a public safety check, making sure you were OK. They did ask him for his ID, after-which, he asked them if he was under arrest. He then gives one officer his identifying information. The officer writes this information down without any further question. This is the gray area. The officers did not characterize this as a traffic stop, and did accept his verbal information as ID. Verbal information is acceptable as a form of ID under Section 38.02 of the Texas Penal Code.

(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.

Since the man believed this situation was not a traffic stop, and the officers said nothing to the contrary, this incident falls under Texas Penal Code Section 38.02, Failure to Identify.

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.
(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.

From what I can read from your quote here is Texas Transportation Code 521.025 and Texas Penal Code 38.02 are somehow connected. They are different offenses. The man was charged with two separate offenses.
Texas Transportation Code Section 521.025, LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND, and
Texas Penal Code Section 38.02 FAILURE TO IDENTIFY.
I'm not confusing anything, maybe someone else is.

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.

Show me where in Section 38.02 it states "officers can require ID when a person is detained, which he was at that point."
If you are referring to a physical ID, I can't find it. Under Section 521.025 Texas Transportation Code, it's there. Neither of these codes derive their power or authority from the other. Each shows the penalties for that specific charge.

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.

"You get in the car and f****ng leave", yep, looks like them cops just let it roll right off their backs.

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