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Texas

In reply to the discussion: Was not aware of this new law Sept 1 [View all]

rsdsharp

(10,418 posts)
2. Interesting. The driver is required to provide ID during a valid traffic stop
Fri Sep 1, 2023, 04:45 PM
Sep 2023

in virtually every state. I’m wondering if Texas changed its law in response to Brown v. Texas, 443 US 47 (1979). Prior to that case, Texas penal code §38.02 allowed the police to demand name and ID from anyone they stopped (it wasn’t a traffic stop case).

The Supreme Court found that to be a violation of the Fourth Amendment without reasonable suspicion of a crime. As a result, Texas changed its law to require only ID if one was legally arrested. It was also a crime to give a false name if detained by police. I’m wondering if they dropped the ID requirement for traffic stops at the same time.

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