San Francisco, CA asked in Criminal Law and Civil Rights for California

Q: Can a cop arrest me for interfering with his scene, simply because I refused to get an ID from a crashed vehicle.

I wasn’t part of the crash. I was a respondent

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, refusing to provide identification from a crashed vehicle as a bystander or respondent generally should not result in your arrest for interfering with a police scene. Interfering with a police scene typically involves actions that obstruct or hinder law enforcement officers in the performance of their duties. However, merely refusing to provide identification, especially if you were not involved in the crash, is not usually considered interference.

It's essential to know your rights in such situations. You have the right to remain silent and not provide identification unless you are directly involved in the incident and law enforcement has a legitimate reason to request your identification, such as reasonable suspicion of criminal activity.

If you believe you were wrongfully arrested or your rights were violated, you should consult with an attorney who can review the specific details of your case and provide guidance on the appropriate legal steps to take. It's crucial to address any potential legal issues promptly to protect your rights and interests.

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