Texas law... can cops ask for a driver license when at a store parking lot?

2015-12-09 2:37 am

i was recently in a mcdonals parking lot using the wifi at 3 am in the morning - during closed hours- when a cop pulled up and approched my car asking for an id. i gave it to him, afterwards he left me alone. i was wondering if i could have taken a diffrerent route, by telling him there is no reason for him to ask me for my driver license since i am not on public road and i havent comitted any violations. is it within my right to not render my id/driver license considering these conditions?
i dont want to hear why i shouldnt give cops a hard time.
i dont want to hear why deny id if i have nothing to hide.
i also dont want to hear that my spelling is bad, i am not writing a novel.
and for the record my car was on- key in the ignition- but in parked in mcdonalds private property.
thanks for any input...

更新1:

how could i have been arrested for trespassing if i havent been asked to leave by staff or owner, or no sing is posted about trespassing condintions. also how would it be consider stealing wifi when its free and and open without password protection????

更新2:

@ Dan i get what you are saying because i have heard of stories of where drunk driver pull to the side of the road to rest but as long as the key is in the ingnition IT IS consider operating a motor vehicle wether its in parked or you are taking a nap. but can you assure me the conditions of trespassing???

更新3:

@ Bruce so what, how, or when does is become resonable??? it is suspicios dont get me get me wrong. but what crime to do you SUSPECT me of cominting or going to comite??? if no one has called in considering it is closed.. it is clear that i am not trespassing or stealing wifi... i clearly understand what you are saying dont get me wrong but what i want to hear is a clear answer from you or anyone, where i had the right to give up my id/driver license to the cop??? i like how you say "perhaps"

回答 (12)

[匿名]

2015-12-09 3:33 am

✔ 最佳答案

An officer can ask for ID anytime without reason. It does not become a legal issue unless he demands an ID.

The burden of proof required for him to demand an ID is 'reasonable suspicion'. Being near a business at 3am can be considered suspicious. However, tapping into free Wi-Fi is not.

Perhaps someone that works there was concerned and called you in. That would be reasonable for him to ID you. Or perhaps it was random, which means he can only ask and not demand. We don't know what he was thinking so we can not have an opinion if this was reasonable.

Trespassing is entering without permission or staying after being told to leave. You did not do either of these, so you were NOT trespassing.

Demanding an ID is a Fourth Amendment issue, so it is the same in every state.

參考: Law enforcement since 1991

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[匿名]

2015-12-09 2:46 am

Operating a motor vehicle makes you subject to the appropriate laws (and case law from court cases) regardless of whether you are on public or private property.

If you are a driver or a pedestrian, the officer needs only reasonable suspicion that you have committed or are about to commit a crime to ask you to identify yourself. In Texas, a pedestrian is not required to identify himself, but a driver is. You were operating a motor vehicle even though you had your gearshift in park.

But there's something more specific to your situation. You were trespassing. The officer could have arrested you, and then you would be legally required by Texas law to identify yourself.

McDonald's may invite you into their privately owned parking lot during business hours, but when they are closed, you are trespassing.

參考: https://excoplawstudent.wordpress.com/2013/05/09/texas-failure-to-identify-law-what-it-says-vs-what-police-think-it-says/

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Slickterp

2015-12-09 2:45 am

You can be asked to identify yourself, yes. You can do so or they can detain you until such time as they can confirm your identity.

You were trespassing on private property. Not being on a public road doesn't mean you don't have to comply.

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[匿名]

2015-12-09 7:06 pm

Of course they can. A cop can ask to see your license just to amuse himself.

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[匿名]

2015-12-09 1:06 pm

Got a suggestion for you, the next time an officer does that tell him, "F**k off pig! I'm not showing you a DAMN thing! Stop harassing me and go arrest a rapist or a murderer instead of hassling me, you blubbery oinker!" See if that makes him back off his demand to see some ID.

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[匿名]

2015-12-09 3:06 am

Police have the right to demand id of anyone in control of a motor vehicle.

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[匿名]

2015-12-09 2:47 am

It is illegal for a person not to carry an ID. They can ask for your identification for any reason. It wouldn't be a good idea to question the officer because you can be charged with obstruction of justice. It sounds really stupid right lol. he was most likely making sure there wasn't any suspicious behavior happening and you were sober and not breaking the law. i wouldn't worry about it. imagine the things that do happen in parking lots they find, drug use, prostitution, robbery etc. they have to check.

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Linda R

2015-12-09 3:49 pm

YOU responded properly, however, the police officer would have never
approached you if you had NOT been on a businesses property
after they were closed.

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[匿名]

2015-12-09 3:55 am

Yes they can. I saw lots of people got tickets in the parking lot for parking on handicap spot. So at 3 am, yes they can, especially if you are in the car. I am just curious that you found hard working cop that doing his duty at 3 am, WOW!

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[匿名]

2015-12-09 3:42 am

McDonalds was CLOSED. You have no legal reason to be in their parking lot. This makes you a suspect person to be investigated.
Deal with your attitude. Police ARE PAID TO INVESTIGATE things that are clearly suspicious..which you were. And yes, it is legal and standard.. if someone is in a location that they have no legitimate reason of being there, they will run your id.

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