Legal Question in Criminal Law in Texas

Re: Failure to Identify

Welcome to the police state that our country is becoming. The cop plainly violated the child's rights and abused his power because the law of "failing to identify" is very clear. First, merely stating one's name, date of birth, and residence address is sufficient. No other form of "ID" is required, nor could it be, as the Supreme Court ruled along time ago that the government cannot mandate one carry an ID all the time (would we be much different from the Nazi's if we did?). Nonetheless, the cop can say he arrested for the MIP (Minor-in-Possession) charge first, and then the kid failed to reveal his identity. Both cases are real weak, and could be beat in court, but it will cost of course to do that. This is why we have the old saying, "you may beat the rap, but you won't beat the ride." And cops know this. The MIP case is real weak for the reason that, first of all, legal "possession" requires presence of the article, and knowledge of what it is, and a sufficient opportunity to dispose of it. If the cans were empty, there's nothing to possess. Secondly, even if the cans of beer were full, mere presence of the beer is not illegal, else every house in this State where there is alcohol and kids would be in violation of the law. The State has to prove the beer in those cans were in the possession of the minor, not some other person. A warning though: Don't rely on the cop to tell the truth at a trial. Any copy willing to file false charges is also willing to lie about it to make them stick. Finally--believe it or not--there is no law that police must tell you what you are being arrested for or charged with. They do if they have a warrant, but don't if they have no warrant, as in your case. This is true, despite the fact that knowing what one is charged with having done was considered so fundamental a right as to be included in the English Magna Carta several centuries ago. It just never made it into Texas jurisprudence.