Oxnard Police Department DUI Checkpoint Successfully Challenged Note: This article is for information purposes only. It does not constitute legal advice. You should contact a competent criminal defense attorney following any arrest for a criminal offense. Attorneys William Haney* and Brian Weilbacher successfully challenged a DUI checkpoint established by the Oxnard Police Department. Officers constructed the…
Penal Code Section 181 – Slavery California law punishes the crime of “Slavery.” Under Penal Code Section 181, any person who does the following is guilty of Slavery: holds or attempts to hold any person in involuntary servitude; assumes or attempts to assume the rights of ownership over any person; sells or attempts to sell…
Penal Code Section 166 – Contempt of Court Penal Code Section 166(a) – Specified Acts of Contempt: Under Section 166(a), it is a misdemeanor to do the following: Interrupt a court proceeding in the direct view of the judge using disorderly, contemptuous or rude behavior.1 Interrupt a trial or hearing overseen by a referee using…
California Penal Code Section 152 – Concealment of Accidental Death1 California law sets forth misdemeanor punishment for any person who conceals or attempts to conceal an accidental death. Elements of a Penal Code Section 152 Violation: The defendant knew of the accidental death of another person; The defendant actively concealed or attempted to conceal the death.2…
Penal Code Section 149 – Assault Under Color of Authority1 Penal Code Section 149 punishes public officers who unlawfully beat or assault any person under color of authority but without lawful necessity. Officers who use excessive force may qualify for prosecution under Section 149.2 Punishment under Penal Code Section 149: A fine of up to…
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 – 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…
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…
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…