In California, law enforcement officers are responsible for ensuring that residents abide by the laws, are safe, and their rights are protected. But they are human beings like everyone else, making them an easy target for the few people who want to keep violating the law. California law is apparent on how residents should react to the police. The law makes it unlawful for any person to disobey a police officer on duty. It is a grave offense that carries severe criminal penalties and life-changing consequences.
However, some people commit crimes out of ignorance. Everyone must know what the law considers as disobeying a police officer. It will help you determine the right course of action to take if you face charges under this statute.
What is Considered Disobeying a Police Officer
California law against disobeying a police officer is under VC 2800. That law defines the offense as willingly refusing or failing to comply with a direction or legal order from a police officer. The police engage in various activities while performing their duties, including stopping and questioning residents and suspected offenders. The law allows them to perform those activities, but on the condition that they do not violate residents’ rights. On the other hand, the law requires residents to comply with directions and orders from the police to make it easier for the officers to carry out their duties.
However, a thin line exists between obeying and disobeying a police officer. Sometimes a person might be too scared to face the police. Walking or running away from an officer could seem a good idea at that instance, but it could cause legal problems when translated as disobeying an officer. It helps to know what counts as disobeying a police officer and what you can do if you face charges under this law to protect yourself and avoid a conviction.
Examples of Actions That Count as Disobeying a Police Officer
In California, a person’s encounter with the police could occur under different circumstances. Your conduct at that instance could be termed as obeying or disobeying an officer. Here are some of the actions that could cause you legal problems under California VC 2800:
Failing To Provide Your Name and Address
The law allows police officers to stop and ask a person’s name and address if there is a probable reason to suspect the person of wrongdoing. It could happen in the middle of the day or at night. For instance, if the officer is walking down the streets and meets with you, how you react to his/her presence could cause the officer to suspect you of wrongdoing.
Note that being stopped by the officer does not mean that you are under arrest. The officer only wants to study your behavior further to determine whether he/she has a good reason to be suspicious of your conduct.
Failing to provide your name and address to an officer upon the officer’s request violates the law. It also makes the officer more suspicious of you and could cause him/her to detail or even arrest you.
Remember that this could happen to anyone, not just random people walking down the streets. It could be a motorist, pedestrian, bicyclist, motorcyclist, or a person sitting somewhere, doing something or nothing.
After providing your name and address, you are not under a legal obligation to provide more information to the officer. If you are not comfortable answering more questions, simply say that to the officer, and ask him/her whether you are free to leave. The officer could allow you to go or detain you further, depending on the situation.
Failing to Provide the Name and Address of a Vehicle Owner
Vehicle crimes are on the rise in California, and the police are more vigilant than ever. It means that an officer can stop you on the road at any time if they notice suspicious behavior or for random checks. Failing to stop when flagged down by an officer on the road counts as disobeying a police officer. Additionally, the law requires you to provide the information the officer asks to help the police perform their duties.
If you are driving someone else’s vehicle, you will probably indicate that to the officer. If the officer has a probable reason to take more details from you, he/she will ask for more information regarding the vehicle you are driving. You are under a legal obligation to provide the name and address of the vehicle owner to the police upon his/her request.
California police are well-equipped to find information like this by doing a quick background check on the vehicle registration. But the officer will ask the question anyway, for several reasons. First, the officer might want to engage you more in a conversation to study your behavior. Or, the officer might want to determine whether you are lying. All these help the officer perform their duties. That is why you must comply.
Giving an Officer Wrong Information
It is illegal to give a police officer wrong information. When the police ask for specific information, like your name, address, and details regarding where you work or where you are going/coming from, you make it difficult for the officer to perform their legal duties when you give false information.
Police officers do not randomly ask residents their names and addresses. For instance, if the officer is walking down the street at night, he/she might only stop one or two people, and only with a probable reason. It could be that the officer is working on a tip-off regarding a case he/she is following up with, or the officer has observed suspicious behavior and wants to get to the bottom of it. Providing the wrong information to the officer will make it impossible for him/her to accomplish the duty and could hinder the progression of a case.
The law is clear regarding willfully providing false or misleading information to a police officer. It counts as disobeying the officer and could lead to criminal charges against you. If an officer asks a question you are not willing to answer, you are legally allowed to decline politely. Let the officer know that you wish to exercise your right to remain silent. Police officers will never force you to provide information but follow due process to perform their legal duties.
Refusing to Stop When Signaled To Do So
Police officers in California use different signals to stop residents whenever there is a need. For instance, police might flag down a motorist at a police checkpoint. The motorist is required by law to find a safe place to pull over and politely answer the questions the officer might have.
An officer can stop you by the road as you walk to work or school or even as you ride along the highway or street. The officer might have noticed something and is only stopping you to confirm or dismiss his/her suspicions. Do not make this difficult for the officer by refusing to stop or ignoring the signal.
When you refuse to stop when a police officer signals you to do so, you give the officer more reason to be suspicious of you. The officer might obtain a warrant for arrest, investigate, and even cause the prosecutor to open criminal charges against you for ignoring police orders. It means that your actions could bring you even more significant legal problems that could leave you with a criminal record.
The right thing to do is to stop when an officer signals for you to stop. Listen to what the officer has to say without being defensive. If the officer asks incriminating questions and you are afraid you could land into problems, politely decline and ask the officer to let you go.
Refusing to Give Your Driver’s License and Registration When an Officer Asks
Police officers are constantly stopping motorists to ensure they abide by the provided regulations to keep everyone safe on the road. Thus, it is not unusual for an officer to stop you while driving along California roads. It doesn’t mean that you are in the wrong. Many motorists only believe in stopping when stopped by an officer but will refuse to cooperate as the officer conducts his/her initial investigations.
When an officer stops you, keep your hands where the officer can see them. Cases of criminals attacking officers after being stopped on roads are high. Keeping your hands where the officer can see them only makes it easier for the officer to carry on with his/her job.
Next, the officer will ask to see your driver’s license and vehicle registration. A driver’s license is proof that you have the legal permit to drive on California roads. Remember that driving is not a right in California but a privilege that you must obtain after a qualification. Again, giving the officer your driver’s license and vehicle registration does not mean you are guilty of anything. The police will ask to see these documents even during a regular check.
You could face criminal charges for failing to provide a driver’s license or vehicle registration to the officer. It qualifies as disobeying the officer.
Failing to Sign a Citation
If the police suspect you of committing a traffic infraction, they will require you to sign a citation in their presence. Many people refuse to do so, thinking that signing the citation is an admission of guilt. The truth is that the law requires you to sign the citation when an officer asks you to do so. It means that you could face criminal charges for failing to obey the officer.
Note that signing a citation only means that you admit to receiving a ticket. It doesn’t mean an admission of guilt. You will still have a chance to defend yourself.
Evading an Officer
Evading a police officer is also considered disobeying a police order to stop. Sometimes the police might notice something while you are driving and decide to pull you over. It could be that you are driving a vehicle similar to one they should investigate for a particular offense, or something is off about your car. If the officers are in a police vehicle, they will pursue you, hoping that you will stop at your most convenient.
Some people panic and decide to flee instead of stopping. Others escape because they have something to hide, while others run because they feel bothered. Fleeing from the police is a crime, regardless of your reasons. The only exception is if you had an emergency in the vehicle and had to rush to the hospital.
Remember that this is one way in which law enforcement officers can perform their duties. Failing to stop while a police car pursues you is considered as evading a police officer and could cause you to face criminal charges. The offense becomes even graver if you speed off to dodge the police car.
Driving/Going Through an Emergency Area
When the police respond to a call at a crime scene, the first thing they must do is mark off that area to preserve any evidence that might have been left behind. Going or driving through an area marked as an emergency area by the police is a serious offense.
Police officers do not have to protect a crime scene physically. With a clear marking, everyone should see that the marked-off area is out of bounds. Any interference with the crime scene might make it difficult for the police and investigators to gather sufficient evidence for solving a crime.
That is why members of the public are required to respect orders like those from the police. You must not drive or go through a marked crime scene even in the absence of authority.
You Can Defend Yourself
In California, disobeying a police officer is a misdemeanor crime, punishable by a maximum of six months in jail and a fine of not more than $1,000. However, you could avoid a conviction if you fight against your charges in a criminal court.
The police will arrest you, and a prosecutor will open charges against you for failing to obey a police order. With the right legal help, you might compel the court to dismiss your charges. Here are some of the defense strategies your attorney can use to help your situation:
You Didn’t Act Willfully
The main element of the crime of disobeying a police officer is that the defendant acted willfully. If your actions were not willful, then the court might not find you guilty as charged.
You willfully disobey a police officer if you act willingly or on purpose. That might not have been the case if you did not hear the officer’s order or the order was unclear. For instance, if the officer only signaled, and you mistook the stop signal for a signal to drive on, you may not be guilty of disobeying an officer.
The Officer Was Not Working at The Time
California residents are only required to obey an order from a police officer that is on duty. You may not know the police officers on duty at all times, but you can tell by their uniforms. An officer in uniform will be on duty and performing their duties.
Therefore, if the person that stopped your vehicle on a highway or stopped to ask for your identifying details in the streets was not in uniform, it might have been difficult for you to know whether or not the man was a police officer.
If you face charges for disobeying an officer for evading an unmarked police vehicle, you could also use this defense strategy.
Your Actions Were a Necessity
You could use this strategy if you can justify your actions. For instance, it could be that you had an emergency case in your car and had to rush to the hospital. Stopping the vehicle at the time would have worsened the situation. In that case, your actions would have been justifiable.
However, it is advisable to report to the nearest police station to avoid facing an arrest after that as soon as you handle the emergency. The police have no way of knowing our reasons for not obeying an order. Therefore, they will do everything possible to ensure that they investigate the matter and make an arrest.
Find an Experienced Van Nuys Criminal Defense Attorney Near Me
If you face charges for disobeying a police officer in Van Nuys, CA, it could help to engage the services of an experienced criminal attorney. Disobeying an officer on duty is a severe offense whose conviction could change your life in several ways. Other than criminal penalties, you will have a damaging criminal record that could affect your social and career life after a conviction. That is why you need the best criminal defense services you can find. At Leah Legal, we have a complete team of criminal defense attorneys who are willing and ready to change the outcome of your situation. Call us at 818-484-1100 and allow us to study the details of your case.