I’m reposting this due to the recent incident in Austin where everyone is in an uproar over the arrest of a female jogger.
Unfortunately in this case, the arrest may be proper. If the officer was writing tickets for “jaywalking,” then she was legally “arrested” to be released on a citation (similar to an ROR). As she was technically under arrest, she would have to provide ID information, and if she refused could be charged with Failure to ID.
Originally posted on ExCop-Lawyer:
The Texas Failure to Identify law is fairly simple. Why don’t police get it? It states:
- (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…
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