Gov. Brown Signs Bill Affirming the Right to Film Police in California

As I've previously written here, Californians have the legal right to film police while officers perform their official duties in public as long as the citizen does not obstruct or interfere with the performance of those duties.

In 2015, Gov. Brown signed SB-411 into law, which amended the Penal Code to specifically affirm the right of citizens to film police.  Sections 69 and 148(a)(1) now includes the following language: "The fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of [this code], nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person."

The law was drafted by the California Public Defenders' Association and supported by the ACLU and other civil rights groups.  There was no organized opposition.  Practically, the change will has legal effect.  The act of filming police in public has always been legal in California (in the sense that it has never been illegal).  This bill merely clarifies and restates existing law.

If you have questions about your rights during encounters with police, call our office for a free attorney consultation.  (714) 449-3335.  Ask for John.  

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Fullerton Criminal Defense Attorney

Resisting Arrest in California: PC 148(a)(1)

Section 148(a)(1) of the California Penal Code makes it a misdemeanor to resist, obstruct or delay the police while an officer is trying to do his job (or, "attempting to perform some lawful duty").  Basically, this code section makes it a crime to waste a cop's time.  If a police officer feels that you are making his job more difficult or time-consuming than necessary, PC 148(a)(1) gives him the authority to cite you or take you to jail for the evening, even if you haven't done anything else illegal.

"Resisting arrest" is a misnomer because you can be arrested for PC 148(a)(1), even if you weren't even under arrest until you began bothering the officer.  My clients tell me all the time, "I can't be guilty of resisting arrest, because I wasn't under arrest until I was arrested for resisting arrest".  Unfortunately, this law encompasses all sorts of behavior that "obstructs or delays" police while they attempt to perform their duties.  Cops and prosecutors will argue that the law includes behaviors which are merely annoying or inconvenient to police (talking back, refusing to identify yourself, getting in the way, creating a distraction, etc.).

Just because you were arrested for 148(a)(1) doesn't necessarily mean that you are guilty of any crime.  There are many possible defenses to the charge.  If police overstepped their legal authority, for example, then they were not "lawfully attempting to perform their duties", and you are not guilty of "obstructing or delaying" them.  Police frequently use PC 148(a)(1) arbitrarily to bully anyone who merely annoys them or who engages in free speech that they don't like.

If you or a loved one is accused of resisting, obstructing or delaying a police officer in violation of PC 148(a)(1), call our office for a free attorney consultation.  (714) 449-3335.

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Orange County Resisting Arrest Lawyer

Am I Required to Show Police My ID in California?

Actress Danielle Watts had an unfortunate encounter with some of LA's finest last weekend, after someone called 911 to report suspected prostitution in a parked car. Apparently, the Django Unchained actress, who is black, was sitting in the vehicle and kissing(?) her boyfriend, who is white.

During the course of their investigation, police requested Ms. Watts' ID. When she refused to provide one, she was briefly handcuffed and placed into the back of a squad car. Eventually, her boyfriend produced her driver's license and she was released. Her refusal to provide ID has raised a lot of commentary from legal analysts, amateur and professional alike. What legal authority do police have to request ID from adults in public places? What rights do I have if I refuse to provide one? Put simply, am I required to show my ID to police upon demand in California?

The answer, like almost everything else in the law, is "it depends".

In most situations, you have no legal obligation to show your ID to police in California -- that is, you will not be arrested simply for the crime of "refusing to produce ID upon demand of a peace officer". An exception exists if you are operating a motor vehicle.  Of course, cops can demand to see your driver's license if you're observed committing some kind of traffic violation in your car.  Refusal to provide your driver's license after a traffic stop will result in a citation or arrest.

And then there's a lot of gray area.

Keep in mind, police can always ask to see your ID, just like they can ask you to make them a turkey sandwich. You have no legal obligation to do either (under most circumstances). The big question then becomes: what happens if I say "no"?

Police have authority to temporarily detain individuals if they have a "reasonable suspicion" that the subject might be engaged in some type of criminal activity. These "temporary detentions" usually involve little more than checking ID and sending folks on their way. "Reasonable" is the key word in these situations: is the cop acting "reasonably" in suspecting that a subject might be involved in criminal activity? Is the detention "reasonable" under the circumstances? These questions obviously depend on the specifics of each case.

So, while you generally have no legal duty in California to show your ID to cops upon demand, refusal to do so may prolong your "temporary detention", as Ms. Watts recently learned. If the police are justified in demanding to see your ID and you refuse, you may be arrested and prosecuted for "resisting obstructing or delaying a peace officer" under PC 148(a)(1), even if you would not have been arrested for the conduct that attracted attention from the police in the first place.

If you or a loved one has been cited for resisting arrest, or if you have questions about interactions with police in California, call us for a free attorney consultation. 714 449 3335. Ask for John.

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Fullerton Police Misconduct Lawyer

The Hits Keep Coming for the FPD

The Orange County District Attorney announced this afternoon that it will pursue criminal charges against another Fullerton Police Officer.  This time, Officer Hugo Garcia, 32, is accused of theft and embezzlement, both felonies, related to the fraudulent sale of a vehicle.

According to the DA, Garcia borrowed $12,000 from a private lender in October of 2012, using his Chevy Tahoe as collateral.  The very next month, he sold the vehicle to an auto wholesaler for $12,000 cash, despite the fact that the lender still held a security interest in the car.

When Garcia stopped making payments on the loan, the lender repossessed the vehicle from a third party, who had purchased the car some time after it was sold by the wholesaler.  The wholesaler then compensated the third-party buyer for the purchase price of the Tahoe, resulting in a loss for the wholesaler.

That's Fullerton's finest.

Garcia is scheduled to be arraigned on March 14, 2014 at the North Justice Center in Fullerton.