The only criticism of the homeowner, and I love that man BTW, is that he should not be afraid of the statute. The police wanted him to continue reading, and that would have ended the situation.
The police were illegally DETAINING the homeowner. It wasn't just about the arrest, they had no right to detain him. This is the word game that they play. They act like they may detain us for nearly any unstated "suspicion." Nothing could be further from the truth. It must be an articulable suspicion of having committed, committing, or about to commit an actual crime. They must name the crime and why they think that you did it. They could not do that. They just thought that he "looked suspicious" and therefore wasn't the homeowner. They certainly could not articulate what was the cause of their suspicion.
The bottom line: they had NO lawful authority to force an ID.
Texas penal code §38.02 says,
(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
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