Detained by law enforcement

[lost_at_sea 995]

I absolutely would not have given ID the first time, a lot of people go out walking without it anyway (I don't carry ID). It isn't a law to carry identification and there is no law mandating you have any.

I do wonder where this story would have ended if he hadn't turned over his ID though. I suspect it would have ended up with a trip to the station.

[Hypnos 6,578]

After this all went down I did investigate whether someone being detained in Texas needs to show ID (I had believed they did, which is why I gave it to him). The answer is that you only need to show ID in Texas when (i) you are driving, or (ii) have been arrested (being detained doesn't count).

Texas Penal Code, Title 8, Section 38.02: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.38.htm

"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."

Since I was only detained I was not under any obligation to give them ID (although it would have been an offence to give them a false ID); that is one of the points I am seeking redress on. I have also been wondering what exactly would have happened had I refused to give them ID. Some have told me they would have marked time for a few minutes before letting me go, others have said they would have arrested me on some bs charge, thus necessitating my need to show them ID. I guess I'll never know.

Edited February 22, 2014 by Hypnos

[Ketsuban 1,034]

Good thing they didn't think you were clenching your butt cheeks.

[Hypnos 6,578]

Always and forever.

[ManCharsey 254]

Ok what people don't realize is that America is a police state. Cops have a lot of power here and use them here than anywhere in the world. In the UK, Europe and most parts of the world, cops don't even carry guns..even when they're doing an arrest unless intelligence proves that the person in question has the potential to be armed and dangerous. In america, cops will shoot you if you dare as much as make a funny movement during an arrest. This is the land of opportunity and freedom but trust me, that freedom is very much curtailed than most parts of the world. Most American's don't realize this (because the system is designed to tell American's that it is better here than everywhere) till they step outside the borders of this country only to realize they actually have more rights elsewhere than here (and this is coming from someone who has done a lot of international travel, from Africa to Europe and Asia and stayed there for longer periods - only continent I haven't been on yet is Australia). So many things you can do elsewhere, you can't even do here without some law enforcement officer questioning your action...But I still love America! sigh!

Edited February 22, 2014 by ManCharsey

[loladolly 51]

Sounds an awfully lot like this story:

http://www.dailymail.co.uk/news/article-2565583/Amanda-Jo-Stephen-arrest-Police-chief-goes-sarcastic-rant-defending-arrest-jogger-grabbed-hand-handcuffed-didnt-hear-cops-telling-stop-headphones.html

I know this person, she is a friend of a friend of when i was a student in arkansas and met her a couple times... i was so sad for her when i read that. It feels a lot worse when you actually know the person...

[annjadora 2]

Its OK to ask am I being detained nothing is suspicious about

it, high crimes area or not, a crime did not just occur with a

description close o you, they were just flexing heir muscles.

I would not advise a LPR of color from a 3rd world country

use this tactic it may not end up the same way, bending down

to tie their lace or trying to go for cellphone may rain down

bullets on them, LPRs wait to naturalise before asking "am I

being detained" it works great for USC

Edited February 22, 2014 by annjadora

[Removed030114 48]

To the OP, thank you for the GREAT STORY. Perfect. You handled yourself just right. Our personal rights and freedoms are being chiseled away a piece at a time by Americans who don't know as much as you already know!

[Natanloupan 11]

Hey in the 1800's they shot a man or snoring too loud ! At least we have made some improvements

[Removed030114 48]

The link to "Know your Rights" is here:

http://www.online-paralegal-programs.com/legal-rights/

Read this before you ever talk to a police officer about anything.

[Lakehouse 293]

I hear the points made, but my first thought was what ever happened to being cordial and just stating that you live down the road and are out for a walk? Clearly these police didn't recognize you or know you, and you appeared potentially to be loitering and they are just protecting the neighborhood that they oversee. I'd prefer to have someone given a closer look if they were roaming my neighborhood and potentially looking to break and enter.

I personally believe that they would have been much more cordial and considerate to you in return if you hadn't raised your own red flag by in essence protesting their actions right off the bat.

Any future interactions with them, especially if you ever need their assistance, would certainly be marred by their experience with you on this occasion.

[Removed030114 48]

I hear the points made, but my first thought was what ever happened to being cordial and just stating that you live down the road and are out for a walk? Clearly these police didn't recognize you or know you, and you appeared potentially to be loitering and they are just protecting the neighborhood that they oversee. I'd prefer to have someone given a closer look if they were roaming my neighborhood and potentially looking to break and enter.

I personally believe that they would have been much more cordial and considerate to you in return if you hadn't raised your own red flag by in essence protesting their actions right off the bat.

Any future interactions with them, especially if you ever need their assistance, would certainly be marred by their experience with you on this occasion.

It may seem innocuous to immediately cooperate, but the police should also treat everyone in the same manner. You have the right to ask the police officer if you are being detained and also do it in a manner that is not provocative. The trouble is, many police officers act above the law and need to be collared. Note carefully the laws of your state and begin recording the event immediately. Be careful not to interfere or impede the officer or behave in a provocative manner. If you've done nothing wrong, then you are within your rights to stand firm and not give in. Unless you're a criminal you will want to capture the bad guy, but remember, the bad guy may be the one who is stopping and questioning you.

[lynndy38 64]

I just showed my US husband this thread and he said the OP did exactly as he should. However I don't think I'd have dared react in the same way, Ive read too many horror stories since I arrived about coppers going nuts for no apparent reason.

Glad I saw this thread though as Ive now found out I don't let the cops in the house either with no warrant!!!!

[r060106 109]

I'm honestly not surprised by your story. As lynndy said, cops seem to be going nuts a lot more often these days. It's stories like yours that make me saddened by what this country has become and truly makes me completely distrust cops. To me, they are not there to protect, but to harass and incite fear. I think most of them are on a power trip and wield their badge and gun to maximum efficacy because they have the law behind them and the every day citizen has nothing. They truly scare me and are not the nice police they're often portrayed to be in TV shows and movies.

I don't know your situation, but if I went through something like that after immigrating here I would already be on a plane back to England. Not saying you should do that, just giving my two cents.

[NikLR 13,232]

On the flip side of the ID argument - an LPR over the age of 18 is supposed to ALWAYS carry their green card

http://www.uscis.gov/green-card/after-green-card-granted

If you are a permanent resident age 18 or older, you are required to have a valid green card in your possession at all times.

Obviously most of us do not walk around with ID when simply going for a walk. I do, but that is because I want someone to know who the heck I am if something happens like a car hits me.