Can Bartenders Legally Confiscate Fake ID's

My question involves criminal law for the state of: TEXAS

Help me settle a bet:
I'm pretty sure that it is lawful for a bartender to confiscate fake IDs if they have reason to believe it is in fact fake.

He thinks it is unlawful for taking a fake ID from someone.
Who's correct?

I don't know offhand but I would suggest that if the bartender keeps the id, you call the police to report it. They will make sure any offender in the area is held to the law.

Seizing contraband and turning it over to the appropriate authorities should be just fine. But, I am not aware of any law that requires a bartender to take such a false ID.

I suggest you call the police and report you presented a fake ID to a bartender, they seized it and won't return it. I am sure the police will come and investigate your complaint.

I know that some states have considered laws allowing third parties to seize fake ID's, and others have already passed those laws, but I don't see any such law for the State of Texas.

I did not find one either. that said, once the ID is willingly presented the bartender can fulfill his obligation to verify it is legitimate through police intervention. It seems to implied by Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR.

http://www.statutes.legis.state.tx.u...htm/AL.106.htm

I seriously doubt anyone is going to prosecute a bartender for seizing a false ID. I mean, really ...

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Quoting cdwjava

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I seriously doubt anyone is going to prosecute a bartender for seizing a false ID. I mean, really ...

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But I strongly suggest the owner of the fake I'd make the effort to have it prosecuted though (wink, wink) (can't seem to successfully navigate the emoticons on my phone)

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Quoting cdwjava

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I seriously doubt anyone is going to prosecute a bartender for seizing a false ID. I mean, really ...

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Depending of course on what steps the bartender took to seize it. I wouldn't recommend that a bartender "rough up" anyone to do so.

If I remember my bartender/TIPS training correctly, yes, a fake ID can be confiscated.

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http://www.cm-life.com/2012/08/16/the-bird-confiscates-fake-ids-employees-make-5-per-fake-collected/

Depends on the state. In Virginia, our training tells us NOT to take them.

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Quoting flyingron

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Depends on the state. In Virginia, our training tells us NOT to take them.

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That's probably a safety issue rather than a legal one. If you hold onto it, there's always the possibility that the criminal ... er, I mean, the misunderstood youth, might fight to retrieve it.

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Quoting mattheweric21

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My question involves criminal law for the state of: TEXAS

Help me settle a bet:
I'm pretty sure that it is lawful for a bartender to confiscate fake IDs if they have reason to believe it is in fact fake.

He thinks it is unlawful for taking a fake ID from someone.
Who's correct?

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Here's an easy way to settle the bet.

Have your friend hand a fake ID to a bartender then your friend can call the police if the bartender confiscates it.

One guy, even though we went to school together and he knew me....he was bouncer at a bar. He scrutinized my license. Then asked me to repeat my Drivers License number at a regular place, then fast, then s l o w. Birthdate. Full name. Address.

I only knew that DL# number because my retail job....to get your paycheck, you signed your name and Drivers License #, same to cash it.

Texas, however, is not part of Michigan.