And here we go again. A stop for openly carrying a long arm in Buda, Texas, and Officer Fernandez tells the individual that he is being detained based on a number of calls, and that the individual has to identify himself or he will be arrested for Failure to Identify.
The thing is, the citizen knows the law better than the officer.
Then some fat, plainclothes deputy constable shows up and tells him that if an officer asks for identification, the citizen has to produce identification. Of course, this is not correct in Texas. If detained, you do not have to produce identification, you just can’t lie about your name, date of birth, or address. Tex. Pen. Code Ann. § 38.02.
After getting out of the car, Officer Fernandez is no longer talking about arresting the citizen for failure to ID, but starts saying that if they keep getting calls, it is alarming the public and disorderly conduct. Again, as we have noted before, it is not. You have to have more than just phone calls, it has to be carried in a manner calculated to alarm.
Although the State maintains the fact that someone called the police is sufficient to show the gun was displayed in a way calculated to cause alarm, we cannot agree. The mere fact that the police were called is not evidence of the way in which the gun was displayed. Nor is the mere fact that a person saw a gun “displayed” on a balcony evidence that the balcony was in a public place. Without some evidence describing the balcony or the manner in which the gun was displayed, we cannot conclude there were any facts or circumstances showing the gun was displayed in a public place in a manner calculated to alarm.
Grieve v. State, No. 05-07-00156-CR, No. 05-07-00157-CR, 2008 Tex. App. LEXIS 3756, at *9 (Tex. App.–Dallas 2008, no pet.) (not designated for publication). The above link has the other cases on this issue.
The Buda PD phone number is 512-312-1001, the Chief of Police is Bo Kidd.