Entering without Consent/Officer Identification?

[wabbitsnot]

What is the name of your state? California (LA)


X held a party. It got somewhat loud around 12 AM, and two officers told X to keep things quiet (officer put her foot inside the house!). Later on X is arrested for failing to comply with additional instructions to make people leave. X asks for their names and badge #s. The officer arresting X did not give her badge #, but the other one that was observing did. People then leave the party and X is placed under arrest...

My question: Wasn't she required to tell him her name and badge #? Also, under what conditions may an officer enter a home without consent, or was she legal because she only placed one foot inside?

thanks

 

[outonbail]

What is the name of your state? California (LA)


X held a party. It got somewhat loud around 12 AM, and two officers told X to keep things quiet (officer put her foot inside the house!). Later on X is arrested for failing to comply with additional instructions to make people leave. X asks for their names and badge #s. The officer arresting X did not give her badge #, but the other one that was observing did. People then leave the party and X is placed under arrest...

My question: Wasn't she required to tell him her name and badge #?

Well if x wasn't able to read the officers name and badge number for themself, x was either very impaired or is very stupid.

However, x will get another chance of discovering these urgent facts when they read the arrest report.

Also, under what conditions may an officer enter a home without consent, or was she legal because she only placed one foot inside?

thanks

Your kidding right?

 

[CdwJava]

X held a party. It got somewhat loud around 12 AM, and two officers told X to keep things quiet (officer put her foot inside the house!).

Heaven forbid!

Okay ... they responded to a noise complaint. No problems so far.

Later on X is arrested for failing to comply with additional instructions to make people leave.

"Later on"? So, I guess the cops had to come back and X didn't break up the party. At that point the officers might have been able to arrest for PC 148 (probably weak if X failed to break up a party at the officer's command) or for PC 415 (much better if they have a complainant on the noise complaint who signed a citizen's arrest).

X asks for their names and badge #s. The officer arresting X did not give her badge #, but the other one that was observing did. People then leave the party and X is placed under arrest...

The arresting officer's name and badge number will be on the arrest paperwork and the reports.

My question: Wasn't she required to tell him her name and badge #?

Call the agency and ask their policy. In any event, failure to provide that information would not make X free from any criminal allegation. Plus, as I said, the information on the arresting officer will be all over the paperwork. The police are not in the habit of engaging people they arrest in conversation.

Also, under what conditions may an officer enter a home without consent, or was she legal because she only placed one foot inside?

There are many reasons the officer could enter ... crime occuring, invited in (or not asked to leave), making an arrest of someone in the doorway, etc. There are many reasons. It all depends on the specific circumstances of the case. If X wants to fight the charge, X needs to get an attorney who can review the police reports and make a decision on a plea or not.

Both 415 and 148 are relatively low level offenses. It's up to you ... er, it's up to X, to decide if paying an attorney for a big court fight is worth the expense or not.

- Carl

 

[JETX]

Wasn't she required to tell him her name and badge #?

Nope. You've been watching too much television. The officers name and badge number (not relevant) can be found on the police report.

Also, under what conditions may an officer enter a home without consent, or was she legal because she only placed one foot inside?

The officer has the duty and RIGHT to investigate a complaint. This includes knocking on the door. And to continue his/her investigation even if the door is being slammed in their face (as evidenced by her putting her foot there to protect herself) and to continue her investigation.

 

[CdwJava]

Nope. You've been watching too much television. The officers name and badge number (not relevant) can be found on the police report.

That's right.

At two of the agencies I had worked for, the badge numbers were nearly impossible to trace back to an officer and were largely irrelevent. We had ID numbers, but they weren't our badge numbers. One of those agencies finally changed the badges to reflect seniority.

Where I work now, our badges have no numbers on them.

- Carl