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Posted on 04/20/2009 7:53:50 AM PDT by BGHater
Any 'peace officer' can demand i.d. any time, doesn't say exactly who qualifies as a 'peace officer.'
Papers please!!
The Texas Senate has approved a bizarre measure which would require citizens to show some sort of identification to any police officer who demands it, at any time, for any reason, 1200 WOAI news reports.
Currently, it is illegal for a person to give a false name to police, but there is no law rewiring a person to provide i.d. at an officer's whim. And State Sen. Tommy Williams (R-The Woodlands) doesn't like the sound of this bill.
"We still live in a free society," he said. "I don't want police officers to be able to pull you over and ask that you identify yourself."
The bill would also require individuals to provide their date of birth and 'residence address' to police.
Supporters of the bill, like State Sen. Juan Hinojosa (D-McAllen) says there are safeguards.
"A police officer would not have the discretion just to come over and ask for i.d. on just anybody," he said.
Hinojosa said the officer would have to have a 'good reason' to demand identification.
The bill is sponsored by State Sen. Dan Patrick (R-Houston), who is a strong supporter of individual rights.
"It is illegal for them to falsely identify themselves, but it is not illegal for them not to tell you who they are," Patrick said. "In this era of national security issues, if we have a police officer detaining someone at a high profile target, it is in the best interests of the safety of that officer and this community to be able to quickly determine who that person is."
Other lawmakers say if a person is bent on committing a crime, the individual is not likely to be deterred by the possibility of a misdemeanor charge of failure to identify.
Patrick’s' bill does not specify exactly who a 'peace officer' who is authorized to demand papers is. It doesn't say whether it would be limited to TCLOSE certified police officers, or would apply to constables, security guards, or neighborhood watch members. It also doesn't specify what passes for 'i.d' and wither it would have to be a photo i.d.
The bill also does not spell out any safeguards or recource for citizens who are asked at random to identify themselves to police.
Being forced, on pain of punishment, to do anything at all under such circumstances has opened a crack through which all manner of abuse has found a way into our legal system.
"Asset forfeiture" was one such proposal. After all, who could argue with taking property away from those who gained from criminal action. That held water until the first few cases where that bar was lowered to a point where folks buying cars/houses with cash down payments were getting rolled by law enforcement.
Law Enforcement is no longer our Friend. The game is to find something to pin on your target, it isn't about mere "enforcement" any more. No need to make it easier for them to turn nothing into something.
I understand your concerns. We disagree on this point; but I do understand where you come from.
“Law Enforcement is no longer our Friend.”
I am sorry you feel this way, but this is also something I can understand. I do not have that feeling in the community where I live.
Why should WE have to show ID, if Obama doesn’t even have to show a Birth Certificate???
This was re-iterated and illustrated by the retired officer that taught my Carry Permit course. My Father is former LEO as well and has said similar things although times were a bit different when he was still patrolling our County.
I haven't heard anything bad about our local LEO's. In jurisdictions around ours, there are some trouble spots. Nor have I ever had a bad run in with an officer. I have exactly on speeding ticket on my record and that was a fair stop by a Travis County Deputy. The officer at the time was very courteous and professional.
However, politics being what they are, the times being what they are, ANY expansion of the Laws power should be looked at with a VERY careful eye. Things like this can and are very easily twisted from their original purpose.
How is it that Dan Patrick is claimed to sponsor this bill, but at the Texas Senate Website, he has sponsored or Co-sponsored NO bills?
http://www.capitol.state.tx.us/reports/report.aspx?LegSess=81R&ID=cosponsor&Code=A1430
http://www.capitol.state.tx.us/reports/report.aspx?LegSess=81R&ID=sponsor&Code=A1430
http://www.capitol.state.tx.us/Members/MemberInfo.aspx?Leg=81&Chamber=S&Code=A1430
Dunno. I simply posted the article.
If your talking about Gov’t updating a website with Senate information your gonna always have problems.
I would also like to see a birth cert for Hussein
I see the problem.
He is not a sponsor, he is the author of the darn bill.
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB01175
>Doesn’t the 5th amendment give every person the right to remain silent?
Only after you are in custody and/or charged with a crime.
Until that they can demand some id.
BTTT
See, there is the trouble. Citizens. I believe the bill has good intentions and is trying to target illegals, but it’s missing the point. There does need to be something in regards to illegals. It’s called deportation. There is already legislation for it, go figure.
Have you been waiting all day to say “straw man”?
If so find out the meaning first. I made an analogy.
I can just see someone presenting a hand scribbled note saying:
"This is my son. I have identified him.
Signed,
His mother"
This is looking to change that. Saying nothing, having nothing to hide, will now be a crime.
You sure that's where you want to take this Country?
Very good question.
Without a doubt.
Found the answer, he is the author, not sponsor.
http://www.freerepublic.com/focus/news/2233397/posts?page=89#89
But if I understand this correctly, it would only be an offense to fail to provide Name, residence and date of birth AFTER arrested or detained.
The fight over illegals continues to threaten our freedom.
Why not pass a National My Name Is tag law?
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