Now we get to look at Galveston PD and their understanding, or more accurately, their lack of understanding of the Texas Failure to Identify Law.
First, the sergeant in this case, Sgt. A.J. Chapman, arrested the Battousai for failure to identify after stopping him for taking pictures of car license plates. Phillip even told him that under 38.02 he wasn’t required to ID while under detention, and wanted to know what crime he was suspected of committing. So since Phillip refused to identify himself without being told what he was being arrested for, a Galveston County sergeant took Phillip’s car keys, went out and found the car, and then searched it without a warrant.
Uh, do they realize that they can’t just go out and search a legally parked car?
The Battousai calls it burglary, but I would hesitate to characterize it that way, as I don’t think that you can prove that the officers intended to permanently deprive him of any property.
In the final video, I’ll make another observation. The officer that contacted David said that they had searched Phillip’s video camera. Based on how they have performed thus far, I would be willing to give odds that they didn’t get a warrant to go through the video that they seized from Phillip.
But wait! There’s more! Phillip and his buddy went to the local news station.
And the news station gets it right! The station legal analyst noted that Phillip was right, that he didn’t have to identify. Out of fairness, they did talk to the police department, who said that the legality of the arrest will be determined by a police internal investigation.
No, jackass, the “legality” of the arrest will be determined in the United States District Court for the Southern District of Texas.
Friends, Galveston has done stepped in it.
Police report below, of the “Saw drunk, arrested same” type.