Q: Does an open air search of a vehicle extend to the passengers? If a K9 hits, and no drugs are found, is the passenger
required by law to ID and submit to a search of their person?
I was arrested for not IDing as passenger in vehicle involved in traffic stop for allegedly rolling through a stop sign. City cops followed us into county limits before initiating stop. Cops called k9 in from neighboring city, took over half hour to arrive. Claimed driver's previous drug charges was the reason. K9 allegedly hit on driver and front passenger doors. A search turned up nothing. Cop told me that gave him the right to search me for drugs and to ID me. I declined ID, told him i wouldnt resist a physical search. He arrested me, got ID from my wallet, searched me, found nothing, ran my info, released me, told me he was going to ask judge to sign arrest warrant for resisting search and seizure, obstruction, and/or failing to ID.
I think my fourth amendment was violated, and i daily fear a warrant may be issued against me because of his threats. Were the cops within the law? Do i have any legal recourse?
A:
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.
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