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  1. #1
    Join Date
    Jun 2012
    Posts
    1

    Default Can You be Charged for Refusing a Police Order to Sit on the Ground

    My question involves criminal law for the state of: California
    I was arrested for obstructing an officer 148 (1) PC I live with a roommate and she let her boyfriend who is on probation stay at the house. The Police came by with some probation officers when the person they were looking for was not home. They knocked then walked through an unlocked door and were at my room telling me through the door to come out I did and they asked if I knew the probationer I said yes then they said they saw him jump off the couch and run back to the rooms which is a lie because he was gone for hours before they came. The Police took me out front of my house and had a Probation Officer there who patted me down and told me to sit on ground next to my room mate I told him no I would not sit on the ground since I was not on Parole or Probation and I wasn't breaking any laws. The Probation officer didn't know what to do so I stood there and in about 5 minutes a cop came out patted me down and tried to go in my pockets and I told him to stay out of my pockets that I am not giving consent to search me. I knew he could pat me down for weapons and he did he then told me to sit down on the ground I said no I will not sit on the ground and asked if I was being detained he said no then told me to sit again I refused then he told me to put my hands behind my pack and cuffed me and said he was detaining me then immediately said I was under arrest for Obstructing an officer. My question is do I have to comply with the Police when I am not under investigation or a suspect for anything. If the Police came here again I still will not sit on the ground I don't think the DA will file the charges he hasn't yet after about 2 weeks Thanks for any comments.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can the Da Prosecute Me for Refusing to Sit on Ground by Cop

    My question is do I have to comply with the Police when I am not under investigation or a suspect for anything.
    during an investigation they do have the right to control the area. If you remained in the area, they could order you to comply with an order that puts you in a safe position for them.

    ever notice they tell passengers in a car to either stay, get out, or whatever? That is because the cop has the right to control that situation.

    They cannot demand you remain (without cause) in the area but if you do, they can act to make the area safe for them.


    so yes, you were obstructing the officers investigation by refusing to comply. Whether it will be prosecuted will be up to the DA but honestly, I think it would be a pretty cheesy charge if they do, based on your statements anyway.

  3. #3
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Can the Da Prosecute Me for Refusing to Sit on Ground by Cop

    An excellent example of what to expect when one allows probationers and parolees to live with you. If you don't want the authorities to have access to your home, then don't invite probationers and parolees to live with you.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can You be Charged for Refusing a Police Order to Sit on the Ground

    If an officer said you were NOT detained, then you should have asked if you were free to go. If you were, then you could probably have left the area without any problem.

    In most police interactions they have a right to control the movements of the people they have contacted for their safety and for the security of the scene and others. If you refuse to sit down and they had the lawful authority to tell you to do so, then you can be charged with PC 148(a) for resisting, obstructing, or delaying an officer.

    Don't view the lack of charges after only 2 weeks to mean much. It is a misdemeanor, and most DA's offices haven't got a lot of resources. In my county it might take a few months for them to get to such a charge unless you were still in custody. Since it appears you were released either on bail or your own recognizance, the state may take it's time - and they have up to a year.

    If charged, consult legal counsel.

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