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rsdsharp

(9,186 posts)
2. Interesting. The driver is required to provide ID during a valid traffic stop
Fri Sep 1, 2023, 05:45 PM
Sep 2023

in virtually every state. I’m wondering if Texas changed its law in response to Brown v. Texas, 443 US 47 (1979). Prior to that case, Texas penal code §38.02 allowed the police to demand name and ID from anyone they stopped (it wasn’t a traffic stop case).

The Supreme Court found that to be a violation of the Fourth Amendment without reasonable suspicion of a crime. As a result, Texas changed its law to require only ID if one was legally arrested. It was also a crime to give a false name if detained by police. I’m wondering if they dropped the ID requirement for traffic stops at the same time.

ret5hd

(20,495 posts)
3. I'm not sure this law really does anything...
Fri Sep 1, 2023, 05:47 PM
Sep 2023

notice in the “reporting” (sloppy at best, maybe purposefully so)

1) it is NOT stated that a PASSENGER has to identify
2) it is NOT stated that police can demand ID of anyone (say, walking down the street, etc)

So, what the reporting DID say is if you are stopped (while driving) you MUST present your driver’s license.

Now, maybe all this is about is they upped the penalty for not doing so. Other than that, doesn’t sound like much.

Any insights?

LeftInTX

(25,375 posts)
6. "I left my purse at home"
Sat Sep 2, 2023, 12:09 PM
Sep 2023

"I lost my DL"

Seriously, I lost my DL at the DMV while I was renewing it! They didn't give me a temporary either. Fortunately my new license arrived in a few days. I was lucky that I didn't need an ID during this time! I do have my TDL # memorized.

I believe they let you go if you provide them with valid ID info such as DOB, address and TDL. But I think this can be subjective if you don't have your TDL memorized, especially if they can't find you in the system. (A bit racist/discriminatory because lower income people tend to move more and their DL may not reflect their current residence)


I also think in rural areas many people leave their wallets at home when running farm errands.

This can also be an "immigration thing". (I think that's the main motive)
If someone doesn't have a DL, then they may not be in the country legally.

anciano

(995 posts)
4. Excellent....
Fri Sep 1, 2023, 06:06 PM
Sep 2023

Drivers should carry a current valid license with them anytime they drive anywhere. That's what they're for!

rgbecker

(4,832 posts)
5. Seems the issue is whether the cop needs to have a suspicion of a violation/crime
Fri Sep 1, 2023, 07:41 PM
Sep 2023

Before this law, they needed to have a reason to pull you over and check your license, now they can do it for no other reason than they feel like it.

Does this make you feel any safer? Can you say Racism?

LeftInTX

(25,375 posts)
7. No! They need a valid reason to pull you over
Sat Sep 2, 2023, 12:15 PM
Sep 2023

SECTION 1. Section 38.02, Penal Code, is amended by adding
Subsections (b-1), (b-2), (d-1), and (f) and amending Subsection
(c) to read as follows:
(b-1) A person commits an offense if the person:
(1) is an operator of a motor vehicle, as defined by
Section 32.34, who is lawfully detained by a peace officer for an
alleged violation of a law;

(2) fails to provide or display the person's driver's
license on the officer's request for the license; and
(3) intentionally refuses to give the person's name,
driver's license number, residence address, or date of birth to the
peace officer on the officer's request for that information.

LeftInTX

(25,375 posts)
12. Isn't this mutually exclusive?
Sat Sep 2, 2023, 08:37 PM
Sep 2023

Cops have been doing that stuff for eons. Now you need to show your DL when stopped. You always needed to in the past. Now it's a misdemeanor if you refuse. If you forget your license you can provide them with info such as your address and DOB. Your image is stored in TXDOT if you have a TDL


I don't see what a new law has to do with Sandra Bland



rgbecker

(4,832 posts)
10. So the driver could request the officer tell what the violation is before producing ID?
Sat Sep 2, 2023, 06:17 PM
Sep 2023

I hope you can tell us about the other sections that were added or amended or give us a link. B-2, D-1, f and c. Thank you in advance.

Roger.

LeftInTX

(25,375 posts)
11. Yes, same as before. You can now be charged with a misdemeanor if you
Sat Sep 2, 2023, 07:23 PM
Sep 2023

Refuse to show your license OR
Refuse to provide your DOB and address OR
Refuse to provide your TDL #


So, if you accidentally leave your license at home, you could be in a pickle. But if you do, you can provide other identifying info to determine if you have a valid DL. If you don't provide the info etc, you can be charged with a misdemeanor.

I would think the charges would be dropped if you go home and get your license in a timely manner.

I have my TDL memorized. (Most folks don't)

Haven't you been asked for your DL when you are pulled over for a violation?????? I'm always asked. I always assumed it was required. I think it always was, but now you can be charged with a misdemeanor for failing to provide the info.

Some states already require this.

I think this might be targeting illegal immigrants more than anything.

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