Talk:Brown v. Texas

The citation is a direct quote ...
The citation of Texas Law is taken directly from Brown v. Texas. I think it is appropriate to quote from the case in order to summarize it.

Do you know if the statute you quote below has been changed since Brown v. Texas? If there are other things that should be added to round out the picture, that would be good, but I think the quotes from Brown v. Texas should be kept intact without modification, since the case is the primary source.

Jonathan.robie (talk) 15:00, 1 December 2011 (UTC)

Citation incorrect?
The citation of Texas Law in the passage in this article is grossly incorrect. The article is quoted as saying, "violation of a Texas statute which makes it a criminal act for a person to refuse to give his name and address to an officer "who has lawfully stopped him and requested the information."

This only applies when the officer has "lawfully arrested" an individual and not "lawfully stopped" as stated.

Texas Penal Code. 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. (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class C misdemeanor if the offense is committed under Subsection (a); or (2) a Class B misdemeanor if the offense is committed under Subsection (b). (d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is: (1) a Class B misdemeanor if the offense is committed under Subsection (a); or (2) a Class A misdemeanor if the offense is committed under Subsection (b). (e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 869, Sec. 1, eff. Sept. 1, 1987. Acts 1991, 72nd Leg., ch. 821, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1009, Sec. 1, eff. Sept. 1, 2003.