TexasCHLforum.com

johnson0317 wrote:Scott,

I have read on here, from LEOs, that a simple traffic stop is considered an arrest. Perhaps the definition of "arrest" could be clarified by someone?

RJ

Interesting... Good point and question...

As I understood it, a traffic stop is definitely being 'detained'. I guess I can see where it would be an "arrest" in order to ensure you provide your proper Drivers License and paperwork. Otherwise, under the law, you don't have to show those things when being only detained (not arrested), so at a traffic stop, you wouldn't have to give your drivers license, etc... That wouldn't work, right?
I guess it's a form of arrest, but I'd like to hear from someone of authority... either an LEO or an attorney.

OldCurlyWolf wrote:

Scott in Houston wrote:Thanks!! You found the detail that I was looking for.


Can you or anyone elaborate on what it takes for an officer to detain you?

"Hey You. I want to talk to you!" is all it takes. Unless arrested or on a traffic stop, you do not need to produce ID, but you must Identify yourself by giving your name.There are a few exceptions to that also.

That may be what it takes to be in detainment, but you don't have to say who you are according to the law until actually arrested. You can't lie about who you are, but you don't have to indentify yourself at all. (verbally or with ID)
If being unreasonably detained, I may not say anything other than "am I free to go?" until I'm let go. (from what I've learned here)



§ 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.
(c) Except as provided by Subsections (d) and (e), an
offense under this section is:
(1) a Class C misdemeanor if the offense is committed
under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed
under Subsection (b).
(d) If it is shown on the trial of an offense under this
section that the defendant was a fugitive from justice at the time
of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed
under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed
under Subsection (b).
(e) If conduct that constitutes an offense under this
section also constitutes an offense under Section 106.07, Alcoholic
Beverage Code, the actor may be prosecuted only under Section
106.07.

Thanks!! You found the detail that I was looking for.


Can you or anyone elaborate on what it takes for an officer to detain you?

GeekDad wrote:

Jumping Frog wrote:they do not have to show ID,

Depending on what state they are in, (in Texas, if a peace officer ask for Identification you have to give it.) In other states this is not always true, in fact several open carry states, they do not have to show ID upon request unless they are being detained or another matter like a traffic stop. Even better, some of those states have rules that say, if you ask for a police officers business card, they have to give you one.
Texas does require peace officers to identify themselves via name and badge number upon request.

Please cite the statute. I do not believe you are correct, but would like to know for sure.

Upon further research, you ONLY have to show ID if you are detained. If not detained, there is no requirement to show ID.

The question is, what is required for detainment? Suspicion of something?? If so, then a cop could detain everybody they encounter with some sort of 'suspicion'.