Legal Question in Criminal Law in California

Obstruct/Delay of Peace Officer

I was given a ticket for Obstruct/Delay of a Peace Officer. Penal code 148(A). We were at the beach and someone with us had a dog. The officer asked for my ID and I told him it was not my dog. This repeated about three times. I told him my ID was in the car and I would go get it with them if they wanted. Then he yelled at my mom to ''Shut your mouth.'' It was her dog, so I asked him why he needed my info. The he said to ''cut the crap'' and give him my name. I told him that with my name and b-day he wouldn't find me in the system so he handcuffed me a took me to the station at the beach. There the lady couldn't find my info with my name just like I told them. So I got escorted to the car and gave them my ID. After that the officer was lecturing me about possible jail time. I don't see why I was the one who got in trouble if it was not my dog. I told the officer three or four times. What should I do contest the ticket since its not my dog? Any advice would be appriciated. Thanks


Asked on 7/05/05, 9:36 am

3 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Obstruct/Delay of Peace Officer

California law requires an individual to identify themself if requested to do so by a police officer. Refusing to give your name could be delaying a police officer.

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Answered on 7/05/05, 6:17 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Obstruct/Delay of Peace Officer

I agree with Mr. Bravos and Mr. Johnson, and I want to add one point. The fact that you *said* the dog was not yours does not prove that you were telling the truth, and police officers are not required to simply accept whatever somebody tells them. The officer was within his rights to ask for your identification and to cite you for the way you reacted.

The next time police ask such a small thing of you, try cooperating instead of mouthing off. You're much less likely to be cited that way.

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Answered on 7/11/05, 11:17 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Obstruct/Delay of Peace Officer

It will likely result in a somewhat stiff fine. Obstruction of a police officer in his duties is the charge not a animal control citation. Call me directly at (619) 222-3504.

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Answered on 7/05/05, 11:08 am


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