Interfering With the Police, PC 148(a)(1)

[Mckenzie s]

My question involves criminal law for the state of: I was arrested for 148 a 1 pc interfering w/ police in california. The reason I was arrested was because they said I used my cellphone to take pictures of police. My phone was confiscated as evidence. I spent a day and half in jail and was released with no court date and was told by jail staff that my case is over and not being persued. When I went to the police station to ask for my phone back I was told that the police were going to file charges with the city attorney office the following day. Why would I be released and told that my case is no longer being persued and then told by police that my case will be filed and I will be notified for a court date?

My phone has a lock, can the police go through my phone or will they need a search warrant. I heard that the police can search your phone and they do not need your password or a search warrant because there is a technology called CelleBrite UFED that will allow them to go through your phone.

I was arrested on sunday, released on monday which was a holiday and told on tuesday that tje following day they will file charges. How long do police have to file charges on you?

[PTPD22]

All the jail staff knows is if you are to be released. They cannot say that your case is "over" because they do not know what actions the police or prosecutors are going to take. You are charged with a misdemeanor. So, the prosecutor likely has about a year to charge you.

Yes, the police likely have the technology to get into your phone and search it. Whether or not they need a warrant is more open to debate. The laws differ from state to state and I am not sure about CA. However, it might not be all that hard to get a warrant, depending on the circumstances of your arrest and specifically what you are being accused of. Care to give us more detail about the incident?

[cdwjava]

Why would I be released and told that my case is no longer being persued and then told by police that my case will be filed and I will be notified for a court date?

It sounds as if the DA/city attorney either chose not to file the matter, or they did not receive the report in time to file before arraignment. Many misdemeanors are treated this way these days as prosecutors have smaller budgets and cannot always address lower level offenses. That does not mean it will NOT be pursued, only that it is not being pursued just now.

Frankly, if the ONLY reason you were popped was for taking pictures, no prosecutor will touch this. However, if you were somehow interfering with the police by getting in their way, encouraging others to act out, or some other action that obstructed them, then you should be concerned.

My phone has a lock, can the police go through my phone or will they need a search warrant.

They will generally need a search warrant.

I was arrested on sunday, released on monday which was a holiday and told on tuesday that tje following day they will file charges. How long do police have to file charges on you?

The statute of limitations for PC 148(a) would be one year.

[Mckenzie s]

They said I was taking pictures of undercover vice cops and warning streetwalkers that undercover cops are out trying to bust them.

[PTPD22]

That would do it.

[Mckenzie s]

I just found out that I was released from jail with no court date because there was no probable cause for my arrest, does that mean that they cant file charges on me.

[cdwjava]

I just found out that I was released from jail with no court date because there was no probable cause for my arrest, does that mean that they cant file charges on me.

That's not what it means. It might mean that a judge refused to sign the probable cause declaration, but most often an early release is because the DA did not file in time. It is extremely rare for a probable cause declaration NOT to be signed by a judge.

Even if the judge did not like the PC form, the case can still be filed by the police, through the DA and to the court where they might seek a warrant.

You are NOT out of the woods.

[Mckenzie s]

I just found out that my case is being reviewed and it will take a couple of weeks. Can someone please explain this to me. How long does it take and why. if it takes a couple of weeks why is that?

[cdwjava]

I just found out that my case is being reviewed and it will take a couple of weeks. Can someone please explain this to me. How long does it take and why. if it takes a couple of weeks why is that?

The DA is reviewing the case to see if it is worth pursuing. They will evaluate whether or not they can prove their case at trial beyond a reasonable doubt or not, or if your actions are worth them pursuing. Many of these are settled by the arrest and do not need further prosecution. A lot depends on the nature of your obstruction.

[Mckenzie s]

how long will it take the DA to review my case? A month? A year?