Walk It Through: The Name
A false identity punished rather than silence, and recording an officer in public.
Walking home late, a person is stopped by an officer who says the person matches a description and asks for a name.
Two things a person in this spot might do. Picking one shows what the law says about it.
One stop and one name. Whether the detention was lawful, the driver's duties at a traffic stop, and recording private conversations are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- False identityFalsely representing oneself as another person or a fictitious person to a peace officer upon a lawful detention or arrest, to evade the process of the court or proper identification. A misdemeanor.
- Notice to appearThe notice an officer writes for a Vehicle Code violation that is not a felony. Signing it is a written promise to appear, and once the driver signs, the officer releases the driver.
- Resisting, delaying or obstructingWillfully resisting, delaying or obstructing a peace officer in the discharge of a duty, punishable by a fine of up to $1,000, up to one year in county jail, or both.
- All party consentThe consent of all parties, which California requires to record a confidential communication.
- Confidential communicationA communication carried on in circumstances that reasonably indicate a party wants it confined to the parties.