Resisting Arrest Charge, Contempt of Cop

My question involves criminal law for the state of: California

Sooooo, I was cited for the above charge, misdemeanor. No other charges. The police were outside of my house asking to speak to me and he requested that I come out of my house. I told him no. I ain't talking to you, don't have to talk to you, refused to give my name and to get off my property. Basically, I invoked my constitutional right to not talk, refused to come out of my house, refused to id myself.

After some discussion and me REFUSING to answer questions, he said I was under arrest. (I was still in my house talking from a bedroom window) I asked him for what? Interfering with a police investigation he answered. He was here for lawn clippings that were dumped in a vacant lot, across the street. We came to an agreement that if the clippings were picked up, the matter would be resolved. As I went outside to address the issue, he rolled up on me and I was cuffed, arrested and transported to jail. I was technically arrested on my property (yard), not in the house. Due to medical conditions I was sent to the hospital and released from there. (Luckily) I was not formerly arrested but issued the above citation and let go from the hospital. Wasn't booked, no mugshot, no fingerprints.

Basically, I refused to cooperate, refused to answer questions, asked if he had a warrant for my arrest, refused to open the door, knowing full well he didn't have any type of hot pursuit or exigent circumstances to enter my house. I essentially invoked my constitutional rights. Obviously this pissed him off, thus the contempt of cop charge. Yes I was a non compliant citizen, but didn't swear at him, I challenged all his cop BS.

I am 50+ years old, zero criminal convictions, no dui's, no speeding tickets over 20 years (not that traffic hx is applicable here).

What are the chances the DA will pick this up? I do have a court date in 2 months, which I will appear.

Does the old saying that "You can beat the wrap, but you can't beat the ride to jail" apply? Fingers crossed. Can I sue this cop if I prevail? My family members were traumatized (kids) by the event.

Can you sue the cop if you are acquitted? Maybe. But, that may well require that the arrest be without any factual basis which is a tough order given that the burden of proof to support an arrest is rather minimal. If there was even the inkling of probable cause to support the arrest, it'd cost you a lot of money just to get told "No." Without reading the report, I cannot even speculate as to what the probable cause might have been. But, your attorney can receive a copy of the report and evaluate it with you.

Oh, and being released with a citation IS, technically, an arrest. Instead of jail, you were released on your promise to appear in court. You may be requested to report for printing and photographs at the jail prior to arraignment, or after.

Consult legal counsel ASAP. If you cannot afford an attorney, when you appear for arraignment request appointed legal counsel.

As a note, many counties will choose not to file on a 148 arrest provided there was no physical altercation with the officer and there are no priors. That is not the same as admitting there was no probable cause for an arrest, however.

Thanks for the reply. No physical altercation whatsoever here, , no priors , zero convictions. I’d take a dismissal ( no arraignment) and let it be. Would the DA do that at the initial court date ? Should I wait to get an attorney until (if) arraigned?

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Quoting aieaboy

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Thanks for the reply. No physical altercation whatsoever here, , no priors , zero convictions. I’d take a dismissal ( no arraignment) and let it be. Would the DA do that at the initial court date ? Should I wait to get an attorney until (if) arraigned?

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Since you could go to jail if convicted, I wouldn't wait to consult an attorney. The attorney could tell you what common practice in such matters might be in your area.

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Quoting aieaboy

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My question involves criminal law for the state of: California

Sooooo, I was cited for the above charge, misdemeanor. No other charges. The police were outside of my house asking to speak to me and he requested that I come out of my house. I told him no. I ain't talking to you, don't have to talk to you, refused to give my name and to get off my property. Basically, I invoked my constitutional right to not talk, refused to come out of my house, refused to id myself.

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Watch these two videos and you will learn about all the things you did absolutely 100% wrong that resulted in your arrest, including thinking that the police can't lie to you.

https://www.youtube.com/watch?v=8GjCJ6Xqjg0

https://www.youtube.com/watch?v=-FENubmZGj8

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I’d take a dismissal ( no arraignment) and let it be.

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Good luck with that.

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Would the DA do that at the initial court date ?

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At your initial court date the only thing anybody is going to care about is whether you plead guilty or not guilty.

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Should I wait to get an attorney until (if) arraigned

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I suggest you hire one now. Your attitude towards authority sucks and will be evident the moment you walk into the courtroom. Best to have an attorney prepared to do the talking for you.

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Quoting adjusterjack

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Watch these two videos and you will learn about all the things you did absolutely 100% wrong that resulted in your arrest, including thinking that the police can't lie to you.

https://www.youtube.com/watch?v=8GjCJ6Xqjg0

https://www.youtube.com/watch?v=-FENubmZGj8
Lesson learned the hard way.


Good luck with that.
Cop to an infraction then.



At your initial court date the only thing anybody is going to care about is whether you plead guilty or not guilty.

NG

I suggest you hire one now. Your attitude towards authority sucks and will be evident the moment you walk into the courtroom. Best to have an attorney prepared to do the talking for you.

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Agreed. Attitude sucks, he who represents himself has a fool for a Client. Attorney in the process of being hired.

So the police just approached you for no reason? I have a feeling you're leaving out the juicy details.

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Quoting Highwayman

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So the police just approached you for no reason? I have a feeling you're leaving out the juicy details.

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Lawn clippings in the lot next door. It was in the original post.

A negative attitude can go a long way in influencing an officer's decision whether to arrest or not. However, it is not beyond the realm of possibility that the arrest was borderline ... though, as I mentioned, the probable cause necessary for an arrest is minimal. And refusing to identify yourself when you were to receive a citation or an arrest is not covered by the 5th Amendment. You do not have a right to refuse an arrest.

Having said that, the officer is unlikely to have had good cause to force entry to make the arrest absent an arrest warrant. But, once you came outside, all bets were off. Had it been me, I would have also cited you for the dumping offense to make it cleaner. As it is, there's a chance that the DA may simple not file the charges.

I’m a bit confused. I expressly stated, repeatedly, I don’t want to talk to you, get off my property. I must have said it 6-7 times with 2 witnesses (not the police). I just can’t seem to grasp that invoking my constitutional right to remain silent can result in “interfering with a police investigation”. It’s befuddling to me that I am to be compelled to talk to him and when I don’t, it’s interfering? Am I missing something?

And I’m glad it wasn’t you. The last thing I need is another charge. Haha

You do not have a right to avoid identifying yourself when you are subject to citation or an arrest. You can decline to give a statement, true, but you cannot refuse to identify yourself for a cite or arrest. However, by NOT citing you for the underlying offense, the officer may have undercut his case for the 148. Assuming, of course, that the reason for the arrest was for said refusal.

Your attorney will be able to review the reports and make a better determination than we can here.

I don’t think he could cite me for littering as I was not in a car. However, I did a perfunctory search and it appears that another agency handles those matters in the county I’m in. But obviously Im probably wrong regarding that issue as I’m here pondering and speculating on the situation at hand. But I do agree that the lack of an underlying charge weakens the case...somewhat.

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Quoting aieaboy

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I don’t think he could cite me for littering as I was not in a car.

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What makes you think that littering from a car is the only applicable offense? Every city and county has littering ordinances, even some that deal specifically with depositing yard waste, organic waste, etc.

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However, I did a perfunctory search and it appears that another agency handles those matters in the county I’m in. But obviously Im probably wrong regarding that issue as I’m here pondering and speculating on the situation at hand. But I do agree that the lack of an underlying charge weakens the case...somewhat.

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All because another agency may typically handle such matters, this does not preclude law enforcement from also handling them. And if the neighbor reported your dumping and you were thought to be obstinate or confrontational, I'm guessing that the police would be more appropriate than Code Enforcement or a simila agency.

And do not count your chickens, yet.

Agree. You obviously have more hands on experience regarding police / criminal matters than I will ever have based on your years of service, since you are a retired P.O. Trust me I’m not counting my chickens whatsoever. Just hoping the procedural due process will work itself out and obviously in my favor. As previously stated 0 criminal convictions. I’d like to keep it that way.

BTW, I sincerely appreciate your input and insight. You have been spot on in a number of issues that you have brought up. Again much appreciated.