How to beat failure to Id to a police officer

[ShysterJon]

The statute at issue (Texas Penal Code section 38.02) didn't require the OP to give his name to the cop at his door. Perhaps common sense should have led him to, though. Cops cite citizens for offenses all the time when they know they probably won't stick. In fact, POTP (Pissing Off The Police) is probably the number one crime in America (except perhaps public masturbation at a Katy Perry concert, by both genders). So like they say, you can beat the rap but you can't beat the ride. When you use half a day to go to court to get your puny but full measure of justice, you might ponder what other ways you could have used that time.

Also, unless one enjoys conversations with the police, you may want to train your dogs not to bark or at least cut a few out of the pack you're running at your house. Arf-arf!

[Guest121212]

How about next time you just don't open the door and thereby eliminate the confrontation? If they have a warrant, they'll come in . . . otherwise, let them knock. They will eventually leave . . . ijs.

[ShysterJon]

I guess not answering the door would have been a better choice by the OP. But in my view someone with a modicum of common sense should answer the door and calmly address the cop's concerns. Not answering the door might have led to a number of boobs in blue doing a walkabout on the curtilage.

[acp5762]

I would have simply opened the door and gave her my name. It's so much easier to be a human being. The officer was at the OP's residence for a reason in the course of her duties. Lying to the police, trying to side step their authority doesn't work. The OP proved that, he still went to jail and he would've anyway. But he didn't go as a gentleman, instead he went as a wimp with his tail between his legs.

[Guest121212]

Given the end result (consequence) of the OP's actions, I think SJ is right to agree that not answering the door may have been prudent if the OP was hell bent on confrontation. As an aside, I am always a firm believer that if LE is at my front door, I'll use the garage door or the back door and walk around to where they are and meet them, while closing the door and locking it behind me when/if I decide to answer their inquiry.

Also, if the OP had asked for counsel and asserted his right to silence, he may have had the benefit of a different outcome if the beat cop that went to the OP's door was familiar with the specifics of 38.02. IJS.

[mikedmato]

Thx again for all the replies except for the douche who thinks someone should not stand up for them self at a house they own.. I opened the door because I'm not a criminal and a million things were going through my mind( someone in help, a family member in trouble etc, when they said we have a call for a disturbance I told them no one in the house called u and that should of been it.. Pissing off a cop was the major issue here and since I'm i am blessed enough not to work I have the time to play the silly game of who can piss the furthest.. It just pisses me off that I have to explain myself in a court for something so trivial, but hey, like I said I have the time

[acp5762]

Originally Posted by mikedmato

Thx again for all the replies except for the douche who thinks someone should not stand up for them self at a house they own.. I opened the door because I'm not a criminal and a million things were going through my mind( someone in help, a family member in trouble etc, when they said we have a call for a disturbance I told them no one in the house called u and that should of been it.. Pissing off a cop was the major issue here and since I'm i am blessed enough not to work I have the time to play the silly game of who can piss the furthest.. It just pisses me off that I have to explain myself in a court for something so trivial, but hey, like I said I have the time

Nothing wrong with standing up for yourself. You can be assertive even with the Police and do it with class. But you let your mouth overload your ass.

[frenchlouie]

Originally Posted by Wakeuр

Interesting...


Doesn't say you have to identify yourself to a police officer BEFORE you get arrested, only AFTER you get arrested and they have requested it. Section B is only about giving false information and doesn't apply unless when the OP "refused to give his name" he actually said "I don't know it" or something false and the officer thought he was a witness to a criminal offense. If he wasn't under arrest, and actually just refused to give his name, sounds like he was within the statute.

I'm no lawyer though...just reading words...so go get a lawyer if you want.

Here we go actually went back and looked it up. I have also included the section of the code of criminal procedure that gave the cop the authority to request his name. If the op would have given his name he wouldn't have been arrested, but since he decided to be a smart ass the cop was well within her scope of powers to make an arrest. He was in violation of a city ordinance and when she requested his name to issue a summons/citation the op refused to give it, so he was placed under arrest for failure to identify under PC 38.02(a) and taken before a magistrate.

CCP 14.06(b)


Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE. (a) Except as otherwise provided by this article, in each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the person is arrested, before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, to provide more expeditiously to the person arrested the warnings described by Article 15.17 of this Code, before a magistrate in any other county of this state. The magistrate shall immediately perform the duties described in Article 15.17 of this Code.
(b) A peace officer who is charging a person, including a child, with committing an offense that is a Class C misdemeanor, other than an offense under Section 49.02, Penal Code, may, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, the offense charged, and the following admonishment, in boldfaced or underlined type or in capital letters:
"If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney."
(c) If the person resides in the county where the offense occurred, a peace officer who is charging a person with committing an offense that is a Class A or B misdemeanor may, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate of this state as described by Subsection (a), the name and address of the person charged, and the offense charged.
(d) Subsection (c) applies only to a person charged with committing an offense under:
(1) Section 481.121, Health and Safety Code, if the offense is punishable under Subsection (b)(1) or (2) of that section;
(1-a) Section 481.1161, Health and Safety Code, if the offense is punishable under Subsection (b)(1) or (2) of that section;
(2) Section 28.03, Penal Code, if the offense is punishable under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is punishable under Subsection (b)(1) of that section;
(4) Section 31.03, Penal Code, if the offense is punishable under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is punishable under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.

[ShysterJon]

frenchlouie, you wrote: "I have also included the section of the code of criminal procedure that gave the cop the authority to request his name." I think you misunderstand the purpose of Texas Code of Criminal Procedure article 14.06, which deals with post-arrest arraigment procedures. The cop had the authority to ask the OP his name at the door because he was investigating a report of a criminal offense and the question was pursuant to that investigation. However, I'm unaware of any law that required the OP to give his name before he was detained or arrested.

[Stud Daddy]

Got to love our faithful shyster here at eccie!

[Boltfan]

Originally Posted by acp5762

But you let your mouth overload your ass.

Hello, pot? Yeah, kettle here.

Amazing.

[frenchlouie]

Here we go again barney style, by the numbers. Cop is dispatched to a residence in reference to a noise complaint, dogs barking, upon arrival cop hears noise in violation of a city ordinance, offense within view or presence CCP 14.01 MAY arrest without warrant. Cop decides to give a citation in lieu of arrest for the class c misdemeanor noise complaint CCP 14.06. OP refuses to give name for the citation again CCP 14.06 because citation must include time and place to be in court and pedigree information for the defendant. Now how is OP supposed to get his citation if he won't give his name. The moment the officer decided to issue the citation OP was under arrest, but given the discretion afforded peace officers she decided to issue a citation instead of a custodial arrest. So officer arrested OP for Failure to Identify PC 38.02 because OP refused to give his name after being lawfully arrested, the citation from earlier. But since OP felt the need to be a smart ass he would have been better off offering to eat her pussy out than refusing to give his name unless she was some big butch bulldyke lesbian.

Citation = Arrest

People should really read the CCP and take note of the mays and shalls because those two words can mean the difference between going home or going to jail.

[mikedmato]

First, u dont have to identify unless detained or under arrest, second, in a neighborhood how many people have dogs that could be barking( no way to pinpoint what dog in which yard, third, me and gf r asleep at time of arrival and officer cannot testify he saw "a crime" first hand, fourth if it was the neughbor a whole street over what good is his or her word, fifth, no priors and retired military why would a judge be so tough, sixth if the penal code clearly states laws and regulations why deviate to what ifs, 7th i have a good sized cock and relativly good looking so why be so mad at the lemons life gives u , 8th , sometimes u cant control a douche given authority to take freedoms away, 9th shit happens.... And 10th hopefully one of us meets the kinda cute lady officer in a bar and fucks her soo good she takes a cum-filled chill pill and lets people be people

[horserider]

If it was me I would go to court and see what happened. If I was found guilty then I would appeal the decision and post whatever money was necessary to appeal. When such a trivial case as this got to a higher court I would be willing to bet it would be thrown out and all money would be refunded IMHO. May take a while but I bet it would work out that way j/s.

[Mr MojoRisin]

Originally Posted by mirandalee

Im going to school for criminal justice and you are right " wakeup" she did not have to give the officer her name, but it just makes her look suspicious. She will be ok though, just have to control them dogs from barking a lot.

Let me get this straight. You're hooking to pay your way through school to earn a Criminal Justice Degree. Now if I am not mistaken most students who earn a degree in Criminal justice go on to become Law enforcement agents. Seems like a conflict of interests thats all.