Can Bartenders Legally Confiscate Fake ID's

[mattheweric21]

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?

[jk]

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.

[cdwjava]

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.

[Disagreeable]

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.

[Mr. Knowitall]

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.

[Disagreeable]

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

[cdwjava]

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

[jk]

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

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)

[llworking]

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

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.

[PandorasBox]

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

- - - Updated - - -

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