Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Secret Agent Man

PENAL CODE

TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION

CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION

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.

(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 under Subsection (b).

(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is:

(1) a Class B misdemeanor if the offense is committed under Subsection (a); or

(2) a Class A misdemeanor if the offense is committed under Subsection (b).

(e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07.

80 posted on 02/22/2014 3:21:19 PM PST by Dalberg-Acton
[ Post Reply | Private Reply | To 48 | View Replies ]


To: Dalberg-Acton

Hummm, how does that jive with Miranda Rights? If one has the Right to remain silent....I can see, MAYBE, if being detained vs. arrested.

Still, enough blame to go around: pedestrians thinking they’re above the Law vs. heavy handed police/police state


89 posted on 02/22/2014 4:00:20 PM PST by i_robot73 (Give me one example and I will show where gov't is the root of the problem(s).)
[ Post Reply | Private Reply | To 80 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson