Q: In CA as a Pedestrian NO Prob/Parole NO crimes suspected NO RAS/PC Can I be charged with PC 148a for not IDing
Call
Sus Per, WMA-early 20's-red hoodie(Cit W)
Asking people to buy alcohol from/for him
Cit W presently standing by HMA-40's'black jacket(Cit H)
2 O'srespond (Off P + Off V)
Off P addresses Cit W + H,"What's Up?"
Citizen H says, "U tell us." + continues to establish his lawful purpose there (getting the food on his table), that he was unarmed, sober, no drugs, unopened alcohol was his AND made O's verbally affirm his claims
Cit H invoked rights + said "This is not consensual"
Off P said this is I.S.
u r detained. We r here 4 Cit W"
O's Terry Patted Cit W, confirmed no warrants + age (24) said Cit W acting lawfully
Off P asks Cit H 4 ID
Cit H says,"Only if:
U have RAS or U violate rights + arrest me
Off P has NO RAS
Off L arrives as buckup. Cit H invokes rights. Off L says, u r correct i wont violate them
30 mins later OFF P ARRESTED Cit H for 148a not IDing
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A: Based on the provided scenario, where there is no reasonable suspicion (RAS) or probable cause (PC) for the officer to request identification, it is unlikely that a person in California, acting as a pedestrian, with no parole or probation violations and no suspected crimes, can be charged with Penal Code 148a (resisting, delaying, or obstructing a peace officer) solely for not providing identification. However, it's important to note that legal interpretations can vary, and specific details or circumstances may affect the outcome. If you are facing a similar situation, it is recommended to consult with a legal professional who can provide advice tailored to your specific case.
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