Two members of a cop watch group were outside of private property recently while videotaping a nursing facility. The nursing staff called Baytown Police and wanted the members to be charged with criminal trespass.
One of the copwatch members that goes by News Now Patrick that currently has 7.29 thousand fans on his Youtube channel goes around and videotape public officials acting in their official duties. According to some fans, they came that Patrick can get very rude towards public officials trying to do their job.
Now, Texas Penal Code § 38.02. Failure to Identify was mentioned in the video. The Penal Code reads the following:
(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 .
The copwatch members did not enter the property at any time. According to the nursing staff, they did not want the copwatch members to videotape the patients for privacy reasons. The copwatch members could be in violation of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Now I reached out to the Baytown Police Department, they have not released a statement in time. The cop watch groups travel throughout the country videotaping public officials on public properties to get a certain reaction or backlash so they can sue the police department for civil rights violations.
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