Legal Question in Criminal Law in California

Need to know how to properly assert my rights when stopped by the police

I'd previously been told by a couple of attorneys that, unless driving a car, in which case a license, proof of registration and insurance can be requested, when stopped by the police, one should immediately ask if there is any charge (or, ''Is this custodial?'') and if they reply ''No,'' that you then have the RIGHT to leave and should do so (instead of having to put up with any of their usual BS). What I need to know are the SPECIFIC statutes that spell out these rights.

The last time I was stopped (while on a bicycle), a cop said there was no charge, but threatened to jail me unless I provided ID, saying he'd arrest me for ''impeding an investigation and that the 4TH AMENDMENT gave him the right to know who I was, etc.'')--usual cop BS. Please provide me with the specifics I need to know in order to avoid this in the future. Thank you!


Asked on 10/16/03, 1:00 am

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Need to know how to properly assert my rights when stopped by the police

There is a penal code section that requires you to identify yourself if requested to do so by a police officer.

Read more
Answered on 10/16/03, 1:56 am


Related Questions & Answers

More Criminal Law questions and answers in California