Please Answer...re; consent

What is the name of your state?
I am in Ca. Do you have the right to refuse to consent?
Or does it make you guilty of a 148a of the Ca. Penal Code?

[TYRIS]

consent to what? you have to provide a little more information.

TYRIS

I am so sorry, I meant to tack this on to another message...

Anyway, If the cops demand inside your house, in California, are you protected under the state and US constitutions, as far as saying no, or does that make you guilty of a 148(a), Penal Code (CAL)??

Sorry again about my previous post...

I know that if there is a probable cause they can, however, if the threat is, "open the door or we will break your windows", can't you say no, and let them break in? If they don't make a "good faith effort", (but they say they did), to tell you they have a reason, are you within your rights at that point to say no to opening the door.

If you stand in front of the window, now I can see that being a 148(a), but they offered a choice, and I did not wish to consent.
For what reason? Not to purposely stop them, rather because I wanted to only contain my dog. But did I willingly delay, and if so was it lawful?

I found a code about lawful resistance to protect your real property or the real property of someone else, would that apply here?

I cant believe that wanting to secure my dog to protect the police, and my dog from their fears, before I invited a score of cops who were armed and weapons drawn in for tea and thereby giving consent to search for anything and everything... is a criminal act.

Please help fast...

[TYRIS]

if the officers had a lawful reason to be at your residence (ie: a call for service) then yes you do have to open the door. if you refuse then the following code section can apply:

PC§ 148. Resist, Obstruct, Delay of Peace Officer or EMT
(a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

you have to understand, you can tell us your putting away your dog, but how do we know? officers are told a lot of reasons why someone doesn't want to open a door. if the officers had their weapons drawn, then i take it the call was pretty serious.

as to the code section for lawful resistance, i believe you are refering to these sections:

PC§ 692. Lawful Resistance
Lawful resistance to the commission of a public offense may be made:
1. By the party about to be injured;
2. By other parties.

PC§ 693. Resistance Allowed
Resistance sufficient to prevent the offense may be made by the party about to be injured:
1. To prevent an offense against his person, or his family, or some member thereof.
2. To prevent an illegal attempt by force to take or injure property in his lawful possession.

neither applies to law enforcement.

did the officers charge you with 148 PC? technically if you refused to open the door, the officers could charge with 148, however, letting officers in does not give them consent to search

TYRIS

Yes that is the only charge.

To be willing to resist, delay, or obstruct the police in the discharge or attempt to discharge any duty of his or her office or employment wouldn't I need to know that this duty superceeded my constitutional right to be secure in my own house?

In other words to be willing to do, or not do something, don't I have to know what it is?

Don't they have to tell you what reason they believe they need to enter? Is it wrong to think that if they had a reason they would have already entered?

Thank you so much...

just got back from court... public defender got me a new date so to get a 911 tape. My problem is I never actually refused to open the door.
This is a cheap shot, I was not under arrest to begin with, I simply asked for a warrant when they refused to let me contain my dog, then I was answering a question at the front door when they came in from the back, choked me, til I almost passed out, and threw me face first into my carpet, which they lied about on their report too.
The statement they made my girlfriend sign also contained the same lies. She told me she didn't know why she signed it, she was in trauma, andshe could only think about her new windows getting broken. She also did not remember what it said.

I got a copy today. Dumbfounded at the lies...
How can I get out of this? I am not a criminal.
I tried to cooperate, safely, mostly for my dog.
We always put her in the room before we answer the door, this was our mistake, not a crime.