Houston Open Carry Incident With A Twist

[Big_McLargehuge]

Thank goodness Oklahoma doesn't have one of those Gestapo mandatory ID laws. That kind of thing really gets my blood boiling.

Unless you're a Hispanic male in Moore, apparently.

 

[Cougar]

So has anyone found a statute that makes "failure to ID", in a situation like this, a crime in Texas?

The Texas law, that you quoted, only requires identification upon a lawful arrest. This individual was at no point (lawfully) under arrest.

The Supreme Court case of Hiibel v. Sixth Judicial District Court of Nevada states that stop and identify laws are only legal if the individual is being lawfully detained. In this case, even if he had been lawfully detained, he still committed no crime because Texas law does not require identification upon being detained, only upon being arrested.

However, the US Supreme court recently ruled that a detainment is still lawful even if the officer is detaining an individual based on the officer's misunderstanding of the law!!! So if the police officer in this case believed that Texas law required him to ID (even though it doesn't) the detainment, according to the recent supreme court ruling would have been lawful.

http://www.scotusblog.com/case-files/cases/heien-v-north-carolina/

 

[twoguns?]

Until a Good Barrister gets in involved.....

"So if the police officer in this case believed that Texas law required him to ID (even though it doesn't) the detainment, according to the recent supreme court ruling would have been lawful."

Then the contention would be that ....OH wait ...he erased the video...too bad for the tax paying citizen...
Papers , PLease...

 

[SMS]

The Texas law, that you quoted, only requires identification upon a lawful arrest. This individual was at no point (lawfully) under arrest.

The code specifically mentions detainment in section b(2).

But the way I read it, it doesn't require presentation of a state issued ID, it merely requires the individual to divulge name, address and DOB. I didn't see where the cop ever gave him a chance to to give that info…he asked for ID and then went straight to arrest when the guy said he wasn't carrying one.

Wonder if we will ever hear about the outcome of the IA investigation.