Q: If a police arrests you for conduct they incorrectly believe to be illegal, is that a lawful arrest?
Specifically, if you're talking to the person the police are arresting, that does *not* make you guilty of Interference with Public Duties. The statute says that it's "a defense to prosecution under this section that the interruption, disruption, impediment, or interference alleged consisted of speech only." If it's not illegal, but they think it is, and I definitely did it, do they have probable cause?
If they arrest you for a mistake of the law, do you have to ID yourself under the Failure to Identify statute, which says "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" (my emphasis)?
Here's a link to the relevant portion of the penal code: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.38.htm
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A:
If the police arrest you for conduct they mistakenly believe is illegal, the key question is whether they had *probable cause*. Probable cause means the officer must have a reasonable belief, based on the facts, that a crime has been or is being committed. If your conduct only involved speech, and speech alone cannot legally qualify as interference under the statute you mentioned, then it’s possible the officer made a mistake about the law.
When it comes to identifying yourself, the law only requires you to provide ID if you are lawfully arrested. Since the validity of the arrest depends on whether the officer had probable cause, if they are arresting you under a mistaken understanding of the law, the arrest might not be lawful. If it’s an unlawful arrest, you wouldn’t be obligated to provide your identification under the Failure to Identify statute.
However, these situations can be complex, and how the court views the officer's actions—whether it was a reasonable mistake or not—can affect the outcome.
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