Try driving away from a cop in Texas...

[Purplehood]

Asking questions is NOT the same as trying to detain someone.

Let us know how it works out for you when you test this theory next. Don't consider this a personal attack, just my general thoughts on doing it in the first place.

The whole key to this is that you are operating a motor vehicle.

If I am standing in a Donut-shop and an LEO walks up and starts to chat with me, I would feel pretty assured that I can walk away without too much of a problem, though it is likely that I would stay and talk.

While operating a Motor Vehicle, I cannot envision many instances of encountering an LEO where he/she does not have an intent to question/detain or whatever me. The only people that want to chat with me while driving are folks trying to panhandle money from me. I don't think that is the same situation as having an LEO come up to you in your car for no apparent reason.

Don't put words in my mouth. I don't care about your possible scenarios or the likelihood of said scenarios. All I said was you have every right to remain silent (or drive away) if you did nothing wrong.

You will have to clarify for me what words I put in your mouth. I am kind of dense that way. I should have kept reading your next post. Now I know where you are coming from. Can't say that I like it.

[steveincowtown]

BI told her I'm not required under law to show my ID if I'm not doing anything illegal/being detained.

I would say you are required to show it...

521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND;
CRIMINAL PENALTY. (a) A person required to hold a license under
Section 521.021 shall:
(1) have in the person's possession while operating a
motor vehicle the class of driver's license appropriate for the
type of vehicle operated; and
(2) display the license on the demand of a magistrate,
court officer, or peace officer.
(b) A peace officer may stop and detain a person operating a
motor vehicle to determine if the person has a driver's license as
required by this section.

[alexrex20]

I was not operating a motor vehicle. I was merely sitting in one. ;)

[Carry-a-Kimber]

I was not operating a motor vehicle. I was merely sitting in one. ;)

How does one drive off in a car that they are not operating?

[jmra]

I was not operating a motor vehicle. I was merely sitting in one. ;)

I think the drunk guy sleeping it off on the side of the road in his car tried the same argument. It didn't turn out very well for him.

[Keith B]

I was not operating a motor vehicle. I was merely sitting in one. ;)

Sorry, by definition in the Texas Transportation Code section 601 if you are in control of the vehicle (i.e. behind the wheel of a motor vehicle and have the keys in your pocket) you are by definition operating it, running or moving or not.

[steveincowtown]

I was not operating a motor vehicle. I was merely sitting in one. ;)

How does one drive off in a car that they are not operating?

Maybe he was "Ghost Riding the Whip"....

Keith beat me to it on the "operating" definition. IMHO Texas as a VERY low threshold for what is defined as (and has been upheld as) "operating"...

[gigag04]

Sure, you can leave....subject to as many conditions as I can recall at the moment.

Don't walk on the street where sidewalk is provided. TC552.006

Don't pull away from being parked without using your turn signal. TC 545.104

Make sure your license plate doesn't have a dealer plate trim on the LP. TC 502.409

Don't have bald tires. TC 547.612


You get the idea. I can move from consent contact to detention real fast if I want to.

[LeonCarr]

I had a Texas Highway Patrol Sergeant tell me once upon a time (Imagine talking to a 6'4" Roy Orbison lookalike) that if you know your traffic code well enough you can pull a vehicle over as it is driving off the showroom floor.

I would not try driving off from a peace officer in Texas. As mentioned by several posters, probable cause to be detained and/or pulled over exists in multiple forms.

Just my .02,
LeonCarr

[smoothoperator]

I though this court's decision was interesting.

The Appeals Court in Idaho decided a man was free to drive away from an officer who knocked on his window (and was found with meth) when the officer knocked on his window to ask him what he was doing. Because the Officer was not blocking his path with either his body or his vehicle, he could have legally driven off and ignored the knock and therefore
avoided the arrest.

If he had done that, I bet the same judge would have convicted him of evading.

[C-dub]

But true, there aren't many instances where a cop would "question" you without good reason.

One time in Austin (figures) I was parked along the curb in the street, waiting for my buddy who was inside a store. He was on crutches so I got the car and waited for him up front. A cop knocked on my window and asked me what I was doing. I told her I was waiting for my friend. She asked me to move my vehicle. I told her I didn't see any "No Parking" signs. She stared at me, so I stared back. She went back to her car and sat there, probably running my plates, then came back to my car and asked me for my ID. I told her I'm not required under law to show my ID if I'm not doing anything illegal/being detained. My friend finally hobbles out of the store, gets in the car, and I drive off, leaving the cop who was parked behind me.

Know your rights.

There are a lot of folks who, like you, push their 'rights' in these types of scenarios. Being a horses behind to a cop my be legal, but will usually cause them to look further into things, which may become unpleasant. There is a old adage about 'You catch a lot more flies with honey than you do with vinegar'. That can apply in these cases where if you are just pleasant and enter into a nice 'adult mode' conversation with the officer, then you neither one get ticked off and everyone goes away happy in the end.

I am not anti-LEO by any means, but doesn't anyone think that after Alexrex20 answered the officer's question that she wasn't being a horses behind by asking him to step out of the vehicle, obviously just fishing for something without any probable cause? There could have been more to it than that, but if there were I'm sure she would have gone after him.

[JP171]

But true, there aren't many instances where a cop would "question" you without good reason.

One time in Austin (figures) I was parked along the curb in the street, waiting for my buddy who was inside a store. He was on crutches so I got the car and waited for him up front. A cop knocked on my window and asked me what I was doing. I told her I was waiting for my friend. She asked me to move my vehicle. I told her I didn't see any "No Parking" signs. She stared at me, so I stared back. She went back to her car and sat there, probably running my plates, then came back to my car and asked me for my ID. I told her I'm not required under law to show my ID if I'm not doing anything illegal/being detained. My friend finally hobbles out of the store, gets in the car, and I drive off, leaving the cop who was parked behind me.

Know your rights.

There are a lot of folks who, like you, push their 'rights' in these types of scenarios. Being a horses behind to a cop my be legal, but will usually cause them to look further into things, which may become unpleasant. There is a old adage about 'You catch a lot more flies with honey than you do with vinegar'. That can apply in these cases where if you are just pleasant and enter into a nice 'adult mode' conversation with the officer, then you neither one get ticked off and everyone goes away happy in the end.

said it before and I'll say it agin, I have and will continue to refuse to answe questions from a LEO that aren't germane to what is occuring or that appear to be a fishing expidition, I will answer lawful questions pointedly and with as few words as possible. I have and do talk to LEO's where I am working or acting in my official capacity about things that are generally accepted subjects IE the weather, how bad the Texans are doing ect. but I will not answer questions during a T stop such as where are you going, where have you been, what are you doing. I will ask pointedly if I am being detained or arrested, if not then I say see ya later. There is no legal requirement in texas to give your name or ID unless you are carrying so if I am stopped walking down the street and I am NOT carrying, they get nothing period

[Bullwhip]

Sure, you can leave....subject to as many conditions as I can recall at the moment.

Don't walk on the street where sidewalk is provided. TC552.006

Don't pull away from being parked without using your turn signal. TC 545.104

Make sure your license plate doesn't have a dealer plate trim on the LP. TC 502.409

Don't have bald tires. TC 547.612


You get the idea. I can move from consent contact to detention real fast if I want to.

"Contempt of cop" charges are why so many people are starting to really really dislike police.

No offense, but your not helping the police PR.

[speedsix]

...no different from someone being a jerk to a waitress...or a loan officer...or a barber...or your wife...in this life, things can be easy...or not...depending on your attitude...basic life lesson...

...you can get a lot of slack on small infractions...or not...been there, done that...gigag04's right on...

...and then you hear: "Why didn't the police DO SOMETHING..." Cops, unlike politicians, don't live by the latest opinion polls...they do what it takes to get the job done...

[steveincowtown]

...no different from someone being a jerk to a waitress...or a loan officer...or a barber...or your wife...in this life, things can be easy...or not...depending on your attitude...basic life lesson...

How is exercising your rights being a jerk?