Man arrested with no ID

[Texas Proud]

I was looking around the local paper and came across this arrest:

"A Houston man was arrested and charged with failure to possess an id on May 28, the Harris County Sheriff's Office reported" /snip/


I did not think you HAD to have any ID with you... I know there are a few former or current police on the board.... what am I missing here

 

[braumeister]

Your papers are not in order.

Take him away.

 

[martyb]

I betcha you found that in the Ultimate Spring, didn't ya?

"A Houston man was arrested and charged with failure to possess an id on May 28, the Harris County Sheriff's Office reported. The man, 24, was booked at the Harris County Jail on May 28 and is facing a class a misdemeanor charge. He resides in Airtex."

I'm gonna have to look that particular law up, never heard of it, and don't see how it can be legit.


Could be there's more to the story, such as maybe the guy got caught fishing without a license and also had no ID....or had a license but no ID to prove he was the entitled license holder.....maybe uhhhhh, I dunno but I'm sure there's more to the story! Gotta be...

 

[eridanus]

Yeah, there must be more to the story. Texas does not have a "stop and identify" law. Of course, I once got arrested for "Resisting arrest" and that was the only charge (!). (What was he being arrested for, officer? Officer: Resisting arrest. He was charged with resisting arrest for...what, exactly? Officer: Resisting arrest. )

 

[audreyh1]

There are actually two arrests in that list - identical except the ages are different.
Arrest report for May 27 - 30 | Ultimate Spring

And a week earlier, there is another arrest for not having ID
http://www.ultimateheights.com/stories/373789-arrest-report-for-may-20-23

And there's more!

A man was arrested by the Harris County Sheriff on charges of failure to possess an ID and failure to attend school, the Harris County Sheriff's Office reported. The 20-year-old black male lives on Wilson Road in Humble. http://www.ultimatelakehouston.com/stories/374312-crime-arrest-report-for-may-20-23

A man was arrested on charges of theft ($500-$1,500) and failure to possess identification on May 23, the Harris County Sheriff's Office reported.http://www.ultimatebellaire.com/stories/374310-crime-arrest-report-for-may-20-23

There's plenty more where those came from. Did Houston/Harris County create a must carry ID law?

 

[freebird5825]

Is Bob Dylan wandering around again?

 

[2B]

He should have just told them he was on his way to vote. You don't need no stinkin' ID for that.

As a Harris County resident, I was unaware of any "ID law." It would be nice if some legal eagle could enlighten us on it.

 

[BigNick]

A man was arrested by the Harris County Sheriff on charges of failure to possess an ID and failure to attend school, the Harris County Sheriff's Office reported. The 20-year-old black male lives on Wilson Road in Humble.

20-year-olds can be arrested for failing to attend school ?

This sounds like something which Constable Savage would come up with:Constable Savage

 

[audreyh1]

20-year-olds can be arrested for failing to attend school ?

Yeah, that was blowing my mind too.......

[loved that Thin Blue Line - and that was Inspector Fowler]

 

[utrecht]

There may be some type of local ordinance (which I doubt would be constitutional), but there is most definitely no Texas state law that states you must carry ID on your person. Presenting a false ID is illegal. Verbally lying about your name is illegal. Not having any ID or refusing to identify yourself is NOT illegal in Texas.

 

[ducky911]

Do i need to carry my wallet while jogging. Cops could have a field day at a marathon...like set up a both at mile one. Haha

 

[soupcxan]

The law has become so broad and overreaching that the cops can basically arrest anyone, anywhere, for something. They can hassle anyone they want, especially if they're too poor to afford a lawyer. That's not how this country is supposed to be.

 

[Texas Proud]

I betcha you found that in the Ultimate Spring, didn't ya?

"A Houston man was arrested and charged with failure to possess an id on May 28, the Harris County Sheriff's Office reported. The man, 24, was booked at the Harris County Jail on May 28 and is facing a class a misdemeanor charge. He resides in Airtex."

I'm gonna have to look that particular law up, never heard of it, and don't see how it can be legit.


Could be there's more to the story, such as maybe the guy got caught fishing without a license and also had no ID....or had a license but no ID to prove he was the entitled license holder.....maybe uhhhhh, I dunno but I'm sure there's more to the story! Gotta be...

Yep... I was looking to see if there was any info on the driver of the car who killed a girl last week and came across this one...

 

[Texas Proud]

There may be some type of local ordinance (which I doubt would be constitutional), but there is most definitely no Texas state law that states you must carry ID on your person. Presenting a false ID is illegal. Verbally lying about your name is illegal. Not having any ID or refusing to identify yourself is NOT illegal in Texas.

I would have to do some research, but I remember reading a Supreme Court case where they ruled that you did not have to identify yourself to a cop... so I do not see how they could have a law like this... that is why I am questioning it...

 

[Htown Harry]

Perhaps the news stories are saying "failure to possess identification" when they mean "failure to identify"?

Texas Penal Code
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.

 

[BigNick]

[loved that Thin Blue Line - and that was Inspector Fowler]

Actually, it's from a sketch show 15 years before Thin Blue Line, but also with Rowan Atkinson as the senior officer.

The "SPG" reference at the end is to a notorious, now disbanded police riot squad ("Special Patrol Group") which was often suspected of racism and use of excessive force with protestors (at least one of whom is believed to have died).

 

[audreyh1]

Actually, it's from a sketch show 15 years before Thin Blue Line, but also with Rowan Atkinson as the senior officer.

Oh! Thanks for the education. I didn't realize there was a precursor - the uniforms looked the same.

 

[BigNick]

the uniforms looked the same.

The clue is in the name.

More seriously: they are both set in the Metropolitan (London) Police, but in any case, police uniforms are pretty much standard across the UK.

 

[Texas Proud]

Perhaps the news stories are saying "failure to possess identification" when they mean "failure to identify"?

Thanks for the info.... but wouldn't they also put down the charge they were arrested for in the first place I do not see how what you showed could be the only charge.

OK... read it again and I guess b can apply without being arrested...

 

[fisherman]

He should have just told them he was on his way to vote. You don't need no stinkin' ID for that.

As a Harris County resident, I was unaware of any "ID law." It would be nice if some legal eagle could enlighten us on it.

I am sure this varies by location but in my blood red state you must show a voter registration card to vote each an every time and to get one of those you must show a picture id and fill out paperwork. I am sure a few people manage to still vote here without the right too but I would think they are very few in number. It is interesting to hear how the law varies as it helps explain some of the stories in the news that make no sense to me from my local perspective.

Regarding the carry an id that is news to me also as I frequenter do not but that is probably something we should always do in case they need to identify the body if something were to happen.

 

[skipro3]

Most places have a vagrancy law. You are considered a vagrant if you do not possess proof of an address, usually with an ID card of some sort like a driver license.
Too many people, when asked for their name, lie about it and claim they don't have ID on them. Vagrant and they go to jail.

 

[Koolau]

Vagrant and they go to jail.

Why? Will they suddenly not be a vagrant when they get out? Do you really need to be punished for not having any place to live? (Sorry, not "shooting" the messenger, here. You're just telling it like it is.)

I sorta see proving who you are when you fly. Even more so when you vote. However, to walk out to the front gate in your bath robe to retrieve the newspaper, should you be required to have ID? An ID to just to walk down the street?? If you break a law, they can throw you in jail for it even if they don't know your name. If they really want to know if you have a record, they have your finger prints. We've given our "protectors" an awful lot of power over us. Could we regret that someday?

 

[Nodak]

Why? Will they suddenly not be a vagrant when they get out? Do you really need to be punished for not having any place to live? (Sorry, not "shooting" the messenger, here. You're just telling it like it is.)

I sorta see proving who you are when you fly. Even more so when you vote. However, to walk out to the front gate in your bath robe to retrieve the newspaper, should you be required to have ID? An ID to just to walk down the street?? If you break a law, they can throw you in jail for it even if they don't know your name. If they really want to know if you have a record, they have your finger prints. We've given our "protectors" an awful lot of power over us. Could we regret that someday?

+1

 

[Texas Proud]

Most places have a vagrancy law. You are considered a vagrant if you do not possess proof of an address, usually with an ID card of some sort like a driver license.
Too many people, when asked for their name, lie about it and claim they don't have ID on them. Vagrant and they go to jail.

I disagree if this is true.... again, I will have to spend some time looking it up, but unless the officer has a legal right (maybe probable cause), you do not have to give them your information... so what was it that caused them to ask in the first place