Replies

"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.