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  1. #1
    Join Date
    Jan 2011
    Posts
    4

    Default Giving an Officer False Information

    My question involves police conduct in the State of: PA

    About one month ago a police officer pulled me over as i was pulling into my father's driveway. I was returning his van, that i had borrowed, to him. The officer pulled in behind me and asked why the liscense plate was mounted on the bumper. I did not know and informed him that it was my fathers vehicle. He then proceeded to ask for identification. I was unsure if my license was suspended or not and didn't want to risk it so i gave him all my brothers information. I know this is illegal. After issueing me a citation for not carrying ID he drove off. My idea was to just pay the small fine and move on. However i forgot all about it and my brother got papers in the mail. He then called the court informing them that he was not the one that was there. The police officer somehow got word of this and went to my fathers house asking him if he was driving around saying he was my brother. At this point the officer had my father call me and tell me that i need to go to the station to sort this out, if not he would issue a warrant for my arrest.
    The officer also has told a few lies himself. He told my father that he spoke to my brother on the phone, he did not... and he said if i did not show up on sunday that he would issue a warrant for me.
    #1. i thought police officers could not issue warrants, it has to be a judge, correct?
    #2. Does the officer have to have direct contact with me to ask me to come to the station?
    #3. If my brother pays the fine can we make all this go away?
    #4. Can the officer go into another town to make the arrest if and when he gets the warrant?
    also any advice is appreciated... I feel horrible about all this and want to take care of it as soon as possible.
    Thanks.

  2. #2

    Default Re: Police Investigation and Giving Him False Information

    Quote Quoting foot
    View Post
    #1. i thought police officers could not issue warrants, it has to be a judge, correct?
    Right. The officer files his report with the DA, the DA asks the judge for the warrant.


    #2. Does the officer have to have direct contact with me to ask me to come to the station?
    He doesn't need you to come to the station at all. In all probability, the warrant has already been issued (or at least requested). It's just easier for the officer to arrest you if you make the trip down there rather than him coming to get you.

    #3. If my brother pays the fine can we make all this go away?
    The ticket, sure. The criminal charge against you for obstruction by disguise, no.

    #4. Can the officer go into another town to make the arrest if and when he gets the warrant?
    He doesn't need to. Once the warrant is issued, any law enforcement officer in any jurisdiction covered by the warrant can make the arrest. (For example, if the warrant is statewide, any officer from any department in the state can take you in on it.)

    also any advice is appreciated... .
    Talk to a local criminal defense attorney immediately. Let them guide you as to the best method of turning yourself in so as to spend as little time in jail (between arrest and seeing the judge) as possible.

  3. #3
    Join Date
    Jan 2011
    Posts
    4

    Default Re: Police Investigation and Giving Him False Information

    So can any officer come to my home to arrest me? or does it have to be during a traffic stop or something of that nature.

  4. #4
    Join Date
    Jul 2010
    Posts
    7,925

    Default Re: Police Investigation and Giving Him False Information

    Quote Quoting foot
    View Post
    So can any officer come to my home to arrest me? or does it have to be during a traffic stop or something of that nature.
    It's possible. Some departments, usually sheriff's but sometime PD as well, operate what they call Warrant Squads or do warrant sweeps. These officers' only job is to execute arrest warrants so if there is one in your area, they could come a callin'. But yes, you could also be arrested during a traffic stop or during any interaction with law enforcement that necessitates you identifying yourself to them.

  5. #5
    Join Date
    Jan 2011
    Posts
    4

    Default Re: Police Investigation and Giving Him False Information

    so could someone tell me what type of penalty i'm looking at for obstruction by disguise in PA then.

  6. #6

    Default Re: Police Investigation and Giving Him False Information

    You're looking at the potential for up to a year in jail.


    4914. False identification to law enforcement authorities.
    (a) Offense defined.--A person commits an offense if he
    furnishes law enforcement authorities with false information
    about his identity after being informed by a law enforcement
    officer who is in uniform or who has identified himself as a law
    enforcement officer that the person is the subject of an
    official investigation of a violation of law.
    (b) Grading.--An offense under this section is a misdemeanor
    of the third degree.
    (Dec. 20, 2000, P.L.972, No.133, eff. 60 days)

    2000 Amendment. Act 133 added section 4914.


    (8) A crime is a misdemeanor of the third degree if it
    is so designated in this title or if a person convicted
    thereof may be sentenced to a term of imprisonment, the
    maximum of which is not more than one year.

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