Eric Borneman Making the News

[spstimie]

http://www.advancedaquarist.com/blog/eric-borneman-arrested
http://www.chron.com/disp/story.mpl/metropolitan/7543288.html
http://blog.aquanerd.com/2011/04/eric-borneman-arrested-mugshot-included.html

 

[Wicked Color]

Failure to provide ID? This isn't nazi Germany! PAPERS!!! DO YOU HAVE YOUR PAPERS? Poor fella, wonder what was going through his mind.

 

[KhensuRa]

Right!!! I hate that when I get stopped by the po po and they hound me for my ID... However dude shouldn't have been trespassing that late in the day for a dip in some persons pool. Duh do it at like 2am.

 

[Cake_Boss]

"They charged him for not wearing floaties" classic!

Sent from my DROIDX using Tapatalk

 

[WrasseAttack]

Poor guy must have some mental health issues or he's on meth going by his mugshot and what he used to look like. Consensus is mental health issues. Hope he can work things out.

 

[othercents]

Ha... I grew up in Sugar Land and my parents are still there. You have real nice houses with pools, gated entrances, and security guards then you have the old houses without pools. Wrong place to trespass.

BTW. law requires you to carry an ID. Plus, he is lucky he didn't get shot. Trespassing in Texas allows the home owner to shoot first as long as they feel their life was in danger.

 

[mdrumm]

"Trespassing in Texas allows the home owner to shoot first as long as they feel their life was in danger."
or if someone takes your property and you have a reasonable belief that you will not be able to get it back.

 

[Gomojoe]

Given that they slapped him with a bunch of charges I'd guess he was pretty resistant. No one is gonna charge you with J-walking unless when the cop talks to you about it you spit on him, run, hide, fight, etc.! Do that and you'll be charged with jaywalking and all the additional charges. I'm thinking that is what happened here.

 

[othercents]

Keep in mind that the home he was trespassing at was a custom 1+million dollar house on a large lot. Also note the average house price in SugarLand is close to $120k.

 

[Zooid]

In the article it said he ran and hid in another home.....they might want to do a psych eval on him.

 

[Wicked Color]

The law does not require that even have much less carry identification, again I say, this is NOT NAZI GERMANY.

 

[scchase]

Yep no laws exist in the US requiring ID to be out and about though many police forces believe that there are. They can detain you till you prove your ID however which is maginaly constitutional at best.

 

[thegrimreefer]

You do have to provide enough information to identify yourself when asked. You don't have to show a license unless you are driving, and then if you are an ..... Nevermind

 

[Zooid]

Laws may not exist but if someone calls to complain about a trespasser, he either needs to prove who he/she is or be willing to sit in jail waiting for the cops to prove who they are.

 

[Wicked Color]

Trouble will come when you ask it to, but there are no nazi laws in place, know your rights people!

 

[othercents]

^ Texas Penal Code, Title 8, §38.02(a), reads
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.

 

[scchase]

Still doesn't say you have to have an ID, only that you must provide the information in whatever form you wish.

 

[othercents]

^ Texas Penal Code, Title 8, §38.02(a), reads
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.

Eric was sited for "failure to provide identification". My understanding is that this was a physical form of ID, but this might have been his refusal to give verbal identification. People who refuse to provide physical identification hold a higher suspicion for the police than people who do provide identification. Those people also could be sited for obstructing an officer. The only time that not providing identification is justified is when it would be self incriminating.

The motor vehicle laws require that you provide a drivers license when operating a motor vehicle, so it is easy to start to confuse the difference between when you are required to provide an ID and when you are not.

David

 

[scchase]

Only reason I know so much about the issue is because there was a huge debate in Fort Collins a year or so back in regards to the Sherriff trying to require bicyclists to show proff of ID and they were fighting back because many of them don't carry ID while biking. The bikers won by the way.

 

[othercents]

Only reason I know so much about the issue is because there was a huge debate in Fort Collins a year or so back in regards to the Sherriff trying to require bicyclists to show proff of ID and they were fighting back because many of them don't carry ID while biking. The bikers won by the way.

When detention by police permissible. The police may detain and require identification of a person if they have a reasonable suspicion, based on objective facts, that the person is involved in criminal conduct. People v. Archuleta, 616 P.2d 977 (Colo. 1980).

They might have won just because there wasn't a reasonable suspicion that everyone on bikes was causing a crime. However if there is a reasonable suspicion that a specific person on a bike was causing or caused a crime then they can require identification. I'm not exactly sure if that is verbal or physical identification. However failure to provide could lead to an arrest.