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To: GregoTX

"Over the years I have arrested many many people for refusing to provide ID."

You cannot lawfully arrest anyone merely for refusing to provide ID. In order to arrest them for refusing to provide ID, you have to be citing them for something else. Then, if they refuse to provide ID so that you can issue the citation, you can arrest them and take them down to the station so that their ID can be acertained.

You do NOT get to stop someone on the street, ask them for their id, and then arrest them when they tell you "no." Your post makes it appear as if that is proper when indeed it is not. Maybe that's how you operated (illegally) but it's not proper, and it's not the law in ANY state.


93 posted on 11/29/2005 7:23:55 PM PST by Altamira (Get the UN out of the US, and the US out of the UN!)
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To: Altamira
"You cannot lawfully arrest anyone merely for refusing to provide ID. In order to arrest them for refusing to provide ID, you have to be citing them for something else."

Wrong. I was very clear.

1. I only know Texas Law, so I can not speak for other States.

2. Failure to Identify is a Texas Statute on its own, and one can be charged with it, even when not being sited for other things.

Texas Penal Code § 38.02. FAILURE TO IDENTIFY.

(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.

In my posting to CJ Wolf, I was very clear that when an Officer is investigating a crime (even minor ones) the Officer has the right to Identify him. read above on (3).

"You do NOT get to stop someone on the street, ask them for their id, and then arrest them when they tell you "no.""

You are correct about that. I never said any different. I did not even imply that, I did not come close to saying that.

"Maybe that's how you operated (illegally) but it's not proper, and it's not the law in ANY state."

Wrong again, I was quite clear. I do not take such an accusation lightly. I am open to discussion of the Laws of Texas, but not such personal attacks of illegal actions.

95 posted on 11/29/2005 7:50:20 PM PST by GregoTX (The only thing necessary for the triumph of evil is for good men to do nothing.)
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To: Altamira

Yes he can arrest people for that. They do it. It's law of the land, thanks to the scotus.


97 posted on 11/29/2005 8:14:52 PM PST by CJ Wolf (BTW can someone add 'zot' to the FR spellchecker?)
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To: Altamira

BTW take it from me. Keep your id in your back pocket even if your raking leaves in your back yard, you will never know when some guy might come along and arrest you because you don't have your id.


98 posted on 11/29/2005 8:17:46 PM PST by CJ Wolf (BTW can someone add 'zot' to the FR spellchecker?)
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