Legal Question in Criminal Law in California

I refused to give my name

can the cops stop me and make me to give my name even tho the person who caled the cops didnt want anything done on me? i got into a fight with this guy and he told the cop that he didnt want to do anything and left but they stil said i had to give them my name or they would take me to jail can they do this?


Asked on 10/09/08, 4:39 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: I refused to give my name

As far as I am aware you do not have to give the police your name in California, and of course you have the right to remain silent. You might be interested in the website, www.papersplease.org

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Answered on 10/09/08, 4:42 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: I refused to give my name

Yes. The officers were there to serve the public's interest in maintaining the peace, not just the interests of the man you were fighting. They were not required to drop the matter without even a basic inquiry just because he didn't want to press charges.

Given that the police had good cause to believe you had committed a crime, they were within their rights to demand your name and you were required to give it to them. They would have been within their rights to arrest you had you not identified yourself.

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Answered on 10/09/08, 2:48 pm


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