Legal Question in Criminal Law in Texas
I have questions regarding a current case I am involved in. It occurred in Austin, TX during the South by Southwest Music festival. I had jumped a three foot fence that leads down to a basement area because my wallet had been stolen and was not allowed to reenter any of the bars to go the bathroom.
The stairwell was surrounded by an approximately 5 ft retaining wall and was approximately 20 feet underground. While I was in the middle of going to the bathroom a woman leans over the top of the wall and tells me "Come up here!", as I am still in the middle of urinating I say no. She again says "Come up here!", I again respond no. After I finish I zip up my pants and start jogging back up the stairs. At this point I have no idea who has been speaking to me just that someone was yelling to "come up here."
As I am jogging up the stairs and still haven't really seen the person I am asked my name. I figure it is a security guard and give them a fake name thinking I was about to be able to walk off. It was not a security guard. I am stopped at the top of the stairs, she calls in the fake name and DOB I gave her. Immediately after this, I realize she is a police officer and I cooperate and give her my correct name and DOB.
Did she have to identify herself to me? Her report reads I was trying to get in a door at the basement level when all I was doing was actually zipping up my pants. If she couldn't tell what I was doing how can I be expected to know this random voice was police officer?
1 Answer from Attorneys
This will be a fact question on whether you provided false information to a police officer. If you did not know it was a police officer, then you did not intentionally or knowingly give false information to the p.o. Did you have to give your info to the p.o. in this situation? Yes - a cop can always ask you to identify yourself & you are required to give the truthful information. You were committing an offense at the time - public urination.
You need to hire a lawyer.
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