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The Range
Law & Order
Houston Open Carry Incident With A Twist
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<blockquote data-quote="Cougar" data-source="post: 2680189" data-attributes="member: 3179"><p>The Texas law, that you quoted, only requires identification upon a lawful arrest. This individual was at no point (lawfully) under arrest.</p><p></p><p>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.</p><p></p><p>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.</p><p></p><p><a href="http://www.scotusblog.com/case-files/cases/heien-v-north-carolina/" target="_blank">http://www.scotusblog.com/case-files/cases/heien-v-north-carolina/</a></p></blockquote><p></p>
[QUOTE="Cougar, post: 2680189, member: 3179"] 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. [url]http://www.scotusblog.com/case-files/cases/heien-v-north-carolina/[/url] [/QUOTE]
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