Alright here it is, California code. And like I said, Done Deal.
~
CA Codes pen 142-181 and
CA Codes veh 23100-23135
This is the code she was arrested upon:
"148. (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, i
n 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."
That above is enough, but here is a list of /other/ laws the court /will/ consider in this situation.
836.5. (a)
A public officer or employee, when authorized by ordinance, may arrest a person without a warrant whenever the officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the presence of the officer or employee that is a violation of a statute or ordinance that the officer or employee has the duty to enforce.
23103. (b)
A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500,
in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
Here are the statutes that specifically note the /officers/ legal obligation’s regarding getting the black chick’s name:
Because the white chick who called the cops had said the black chick had thrown something at her window and banged on it (the wording of it is very likely why the officer said he wasn’t sure it was a crime, because it did not take place on the highway.)
23110. (a)
Any person who throws any substance at a vehicle or any occupant thereof on a highway is guilty of a misdemeanor.
For GP here is the statute regarding civilian arrest:
837.
A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not in his presence.
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
And if the white chick ultimately decided to make a citizen’s arrest based on the black chick throwing shit at her car THEN officer would be, in fact, legally fined or jailed if he had /NOT/ arrested the black chick. -- Assault being a felony and thus a criminal offense...
142. (a)
Any peace officer who has the authority to receive or arrest a person charged with a criminal offense and willfully refuses to receive or arrest that person shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.
Here are just a couple of statutes that verify the full legality of the officer’s actions:
“835a.
Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance.
A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested;
nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.”
Also, regarding civilian arrest:
847. (a) A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him or her to a peace officer.
(b)
There shall be no civil liability on the part of, and no cause of action shall arise against, any peace officer or federal criminal investigator
or law enforcement officer described in subdivision (a) or (d) of Section 830.8,
acting within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest under any of the following circumstances:
(1) The arrest was lawful, or
the peace officer, at the time of the arrest, had reasonable cause to believe the arrest was lawful.
(2) The arrest was made pursuant to a charge made, upon reasonable cause, of the commission of a felony by the person to be arrested.
(3)
The arrest was made pursuant to the requirements of Section 142,
837, 838, or 839. (Guaranteed one of the other three would relate to the "assault" charges if the white chick decided to push for citizen arrest, but I don't feel like looking them all up.)
Also:
23109.2. (a) (1)
Whenever a peace officer determines that a person was engaged in any of the activities set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense in accordance with Chapter 10 (commencing with Section 22650). A motor vehicle so seized may be impounded for not more than 30 days.
(2) (C)
Reckless driving in an offstreet parking facility, as described in subdivision (b) of Section 23103.
Look, I understand that you folks do/might not like the laws, but you forget that officers do not write them and are, in fact, legally obligated to act as they do in the majority of cases. I
highly suggest that you actually learn the laws before you attempt to act out against them. You’ll find that most judges have no patience for your “I don’t have to give you my name” bullshit, and let me tell you, you do /not/ want to piss off an impatient judge. You think /cops/ are assholes? Try disrespecting, or hell even thinking about disrespecting, a judge's authority...