Kennedale Police Misrepresent Stop and ID Law (Open Carry)

The officer in the video (above) blatantly misled a group open carrying long guns in Kennedale.

Although this isn’t legal advice, it’s helpful to know the legal ramifications of refusing to identify in Texas. Under Title 8, Chapter 38, of the Texas Penal Code, “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.”

The requirements are different if a person is stopped while in operation of a motor vehicle on a public roadway, but the law states a person must have been lawfully arrested to be required to identify one’s self. However, it’s a misdemeanor to give a false name, residence, or date of birth, even if you’re only being detained or are a witness.

The officer may have detained the people in the video under suspicion of disturbing the peace (though it would be been uncalled for), but she would need to place them under arrest before they were required to identify. She probably knew that too (since she claimed to be the acting supervisor on duty), but she’s likely just another bully cop.

The people recording knew the law and challenged the officer’s interpretation. Personally, I may have been more inquisitive and asked what law required them to identify. The best move is to disengage the conversation as quickly as possible. Asking if they were being detained was best. It was a great job.

2 thoughts on “Kennedale Police Misrepresent Stop and ID Law (Open Carry)

  1. olseneric

    Recently

    My son and grandson ( both over 18) were stopped and detained, twice, as they walked on the access road from Eden Road to Walmart. The were walking instead of driving their cars, for the exercise. The Police of Arlington, in both cases stated that “they were walking on the grass on the wrong side of the road.” There was no side walk and they were walking on the side that had the most safe environment. In both cases, The police were extremely intimidating with their tone, their commands and the use of their flashlights. They were told to produce Identification, empty their pockets, and wait ten minutes while the were checked out. There was no infraction of any kind. No laws were broken. They were not carrying firearms such as assault rifles and walking down the street. Is this unique to Arlington?

    1. Justin L. Oliver Post author

      I’m sorry they had to experience that. Unfortunately, those type of encounters are common. I would suggest documenting the circumstances to the extent they feel comfortable. It shows others they have support and it might be healing.

      If they would like to meet to discuss in person, please ask them to reach me through the contact page. And good luck.

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