P.C. § 148(a)(1) and Refusing to Identify Oneself
Refusing to identify oneself to an officer who intends to write a citation to that person for an infraction offense violates P.C. § 148(a)(1): Resisting, obstructing, or delaying an officer in the performance of his or her duties.
On a warm and beautiful August 19, 2018, defendant Brent Knoedler was enjoying a cool one (can of beer) while standing on the sidewalk near Beach and Main Streets in the City of Santa Cruz, and minding his own business. The only problem is that Santa Cruz has a city ordinance (Santa Cruz Municipal Code, §§ 9.12.030, 9.12.060.) prohibiting the possession of an open container of an alcoholic beverage in a public place; an infraction offense. Upon observing defendant with his open container, Ranger Sarai Jimenez approached him and informed him of his violation. A repentant defendant offered to toss his beer into the garbage. But Ranger Jimenez declined his offer and asked him for his identification. No longer repentant, an increasingly defiant defendant refused to provide any identification, or even give his name. despite repeated requests. Officer Denise Cockrum, responding to Ranger Jimenez’s call for backup, was equally unsuccessful in getting defendant to identify himself despite her polite explanation as to why they needed his identification. Defendant contested that unless he intended to drive a vehicle—which he did not—he had no reason to cooperate. Intending to physically arrest him, Officer Cockrum grabbed defendant’s arm. Defendant broke free, hitting the officer with sufficient force to cause her body camera to be knocked off her person. A chase and struggle ensued ending in defendant being physically arrested with the help of other responding officers. A jury convicted defendant of a misdemeanor violation of resisting, obstructing, or delaying a peace officer (P.C. § 148(a)(1)), acquitting him of battery on a peace officer (P.C. § 243(b)). He was sentenced to 60 days in county jail and a $573 fine (pretty expensive beer). Defendant appealed.