Legal Question in Criminal Law in California

A cop ran my name without legal/lawful reason...

I need to know the actual criminal (Calif.) code that covers Police and their doing unauthorized criminal-checks on non-criminal citizens.

I have been told (hearsay) by a another Cop that to run a criminal check without a lawful reasons is a misdemeanor. Before I take on the local LE establishment I need the specific code. I can easily document the Misdemeanor...I've got the Cops signature on a ''Letter of Demand'' (that I license my dog) and can document the fact that this Officer ran my name because I had protested online, an action by the local civic manager of our Parks & Recreation Manager.


Asked on 2/27/09, 12:28 pm

3 Answers from Attorneys

Matthew Koken Law Office of Matthew S. Koken

Re: A cop ran my name without legal/lawful reason...

PC 146. Every public officer, or person pretending to be a public officer, who, under the pretense or color of any process or other legal authority, does any of the following, without a regular process or other lawful authority, is guilty of a misdemeanor:

(a) Arrests any person or detains that person against his or her will.

(b) Seizes or levies upon any property.

(c) Dispossesses any one of any lands or tenements.

Further information can be found at http://www.leginfo.ca.gov/calaw.html

Hope that is at least a good starting point. Best of luck.

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Answered on 2/27/09, 12:35 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: A cop ran my name without legal/lawful reason...

Veterinarians must report you to the local dog licensing agency. Maybe this is what happened.

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Answered on 2/27/09, 12:53 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: A cop ran my name without legal/lawful reason...

I am not aware of any law that forbids police to check a person's criminal history -- including information that is not available to the public -- provided that they do so in the context of their jobs (i.e., not to satisfy their personal interests or as a favor to a friend).

Because court files are part of the public record, even civilians can find out about them. Arrest records, however, are not supposed to be freely available.

That anyone has a right to see court files, however, does not mean they also have a right to access whatever database might contain copies of that information. Physically inspecting court files is free, but services that have compiled the information and made it centrally available usually charge for access to their data.

It is a misdemeanor for civilians to access computer data without authorization. Penal Code section 502(c) deals with unauthorized access to computers and data in general. I don't know if there is another statute which deals with arrest records in particular.

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Answered on 2/27/09, 9:00 pm


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