Penal Code Section !48.5 sets forth misdemeanor punishment for those who knowingly make false reports of criminal activity to law enforcement.

Penal Code Section 148.5 – False Report of a Crime1 Penal Code Section 148.5 offers misdemeanor punishment for any person who knowingly makes a false report of a crime. Penal Code Section 148.5(a) Elements of a Section 148.5(a) charge:  The Defendant reported to a peace officer or prosecutor that a felony or misdemeanor crime has…

Penal Code Section 148.1

Penal Code Section 148.1 – False Bomb Reports PENAL CODE SECTION 148.1(a) & (b) – FALSE BOMB REPORT TO PEACE OFFICER OR DESIGNATED INDIVIDUAL Pursuant to Penal Code Sections 148.1(a) & (b), the prosecution must prove the following elements beyond a reasonable doubt: The defendant reported that a bomb or explosive device will be placed in a…

Excessive Force Claims Are Evaluted Under a Case by Case Basis

Penal Code Section 148 – Resisting, Obstructing or Delaying A Peace Officer Introduction: Penal Code Section 148 was designed to protect the physical safety of officers, and to facilitate effective law enforcement investigations. Unfortunately, it is not uncommon for some officers and their departments to abuse Section 148 to punish individuals who assert their Constitutional rights…

Penal Code Section 146e prohibits the publication of addresses and phone numbers of law enforcement personnel and employees.

Unlawful Publication of Address or Telephone Number of Police Officer or Police Department Employee – Penal Code Section 146e Penal Code Section 146e protects the officers and employees of law enforcement agencies. The purpose of the law is to prevent individuals from threatening or intimidating police personnel from carrying out their official duties. Misdemeanor Violation of…

Sale or Gift of Membership Card, Badge or Device Implying Less Vigorous Law Enforcement For the Holder (Courtesy Cards)- Penal Code Section 146d It is illegal to give somene a badge, card, sticker or any other item which suggests that the recipient will be subjected to less rigorous law enforcement than other members of the…

Penal Code Section 146c mandates misdemeanor punishment for any person who inaccurately names a non-governmental agency in a manner that suggests its membership is comprised largely with peace officers or firefighters.

False Use of Law Enforcement Term in Name of Nongovernmental Organization – Penal Code Section 146c A person may be charged with a misdemeanor for naming a nongovernmental agency in such a manner that the name infers that its membership is comprised largely of police or fire personnel. You may be charged with a misdemeanor if you…

Impersonating an Officer

Impersonating an Officer – Penal Code Section 146a The crime of impersonating a public officer may be prosecuted as either a misdemeanor or a felony. Misdemeanor violation of Penal Code Section 146a(a): Pursuant to Penal Code Section 146a(a), it is misdemeanor to falsefly represent yourself as a deputy or clerk of a state agency if…

scales-of-justice

Penal Code Section 145 – Officer Delaying the Taking of an Arrestee Before a Magistrate California law requires peace officers to take arrested individuals before a magistrate in a timely manner. Pursuant to Penal Code Section 145, an officer is guilty of a misdemeanor if he willfully delays taking a person before a magistrate. Penal Code…

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Peace Officer Refusing to Arrest or Receive Person Charged with Criminal Offense – Penal Code Section 142 It is a crime for a California peace officer to refuse to arrest, or refuse to receive a person for arrest where a duty to arrest exists.(1) The crime is punishable in the following manner: A misdemeanor carrying up…

Be On Time For Your Preliminary Hearing in Ventura County! Preliminary Hearings are now scheduled every morning in Division 13 of the Ventura County Superior Court. Judge Ryan Wright presides over the preliminary hearing calendar. Judge Wright has warned defense lawyers, defendants and prosecutors that all parties must show up at the beginning of the preliminary hearing…