Page 4 of 4
Re: Questions About LEO's Asking For ID's When I'm Simply Passenger
Posted: Fri Jan 05, 2018 11:11 am
by loktite
Ok, but lets go back to 38.02 (b) for a second.. please clarify for me..
Sec. 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.
(b).(3) is fictitious info for a witness. It does not state that a refusal to give info is an offense for a witness.
Re: Questions About LEO's Asking For ID's When I'm Simply Passenger
Posted: Fri Jan 05, 2018 11:27 am
by Soccerdad1995
loktite wrote:Ok, but lets go back to 38.02 (b) for a second.. please clarify for me..
Sec. 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.
(b).(3) is fictitious info for a witness. It does not state that a refusal to give info is an offense for a witness.
I read it the same way. Illegal to refuse info if you are under arrest. Otherwise you can refuse. But it is always illegal to give out false info.
Re: Questions About LEO's Asking For ID's When I'm Simply Passenger
Posted: Fri Jan 05, 2018 7:13 pm
by C-dub
Soccerdad1995 wrote:Illegal to refuse info if you are under arrest.
You can still assert your 5A right and not even identify yourself, no? Sure they could hold you for up to 72 hours if you were to be that stubborn, but if they weren't able to identify you on their own from finger prints or whatever, wouldn't they have to release you?
Re: Questions About LEO's Asking For ID's When I'm Simply Passenger
Posted: Fri Jan 05, 2018 7:17 pm
by ninjabread
Don't ask. Don't tell.
Re: Questions About LEO's Asking For ID's When I'm Simply Passenger
Posted: Fri Jan 05, 2018 7:53 pm
by RicoTX
Yes, many people and some LEOs put a and b together when they are separate.
Re: Questions About LEO's Asking For ID's When I'm Simply Passenger
Posted: Fri Jan 05, 2018 8:08 pm
by cedarparkdad987
Soccerdad1995 wrote:loktite wrote:Ok, but lets go back to 38.02 (b) for a second.. please clarify for me..
Sec. 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.
(b).(3) is fictitious info for a witness. It does not state that a refusal to give info is an offense for a witness.
I read it the same way. Illegal to refuse info if you are under arrest. Otherwise you can refuse. But it is always illegal to give out false info.
Exactly.
Re: Questions About LEO's Asking For ID's When I'm Simply Passenger
Posted: Fri Jan 05, 2018 9:11 pm
by Abraham
I just watched a complete episode of Live PD.
I was really enjoying it until one officer asked a driver where are you going? His question wasn't to provide the motorist with navigation advice.
At this point, I don't recall the fine details of the stop, but I wondered how is that question germane or even without (I hope) me not sounding like a smart aleck...but how is where a person is going any of the LEO's business?
The guy is an American and if he cares to, he can go pretty much anywhere he wants. And yes, I mean doing so legally.
Maybe, I sound petty, but some of these questions and tactics don't come across as police work, but to me anyway, sometimes come across as police state tactics.
Re: Questions About LEO's Asking For ID's When I'm Simply Passenger
Posted: Fri Jan 05, 2018 9:46 pm
by WTR
I have never had a Police Officer ask me that question . However, I have been asked my destination several times at BP check stations.
Re: Questions About LEO's Asking For ID's When I'm Simply Passenger
Posted: Sat Jan 06, 2018 6:34 am
by Liberty
I think the officers asking where you are going, could be the officer giving the driver a chance to mitigate his speeding.
"Officer I'm running late for my dialysis."
Of course he could also just be fishing. To be honest I find such inobtrusive. Its when they start asking me about Why I have a radio, or what kind of work I do that I get annoyed and clam up. Being polite and respectful increases your chances of escaping the revenue enhancement process.