Walk It Through: The Name
A duty written for traffic infractions, a false statement as a gross misdemeanor, and private conversations.
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 stop was lawful, the traffic infraction rules, and the consent exceptions 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.
- Gross misdemeanorThe crime level between a misdemeanor and a felony, punishable by up to three hundred sixty four days in jail, a fine up to five thousand dollars, or both.
- Obstructing a law enforcement officerWillfully hindering, delaying or obstructing a law enforcement officer in the discharge of official duties, a gross misdemeanor.
- Traffic infractionA noncriminal violation for which an officer may detain a person a reasonable time to identify them, check for warrants, check the license, insurance and registration, and issue the notice of infraction.
- All party consentThe consent of all the participants, needed before recording a private communication or conversation. It is considered obtained when one party announces to all the others that the conversation is about to be recorded, and the announcement is recorded too.