Disturbing the Peace and Refusing to Identify

• Disturbing the Peace, per P.C. § 415(2)
• Delaying or Obstructing a Peace Officer per P.C. § 148(a)(1)
• Arresting for the Wrong Offense
• Refusal to Identify as a Violation of P.C. § 148(a)(1)
• Arresting for a Misdemeanor That Did Not Occur in the Officers’ Presence
• Civil Liability and Qualified Immunity

(1) For a federal civil rights lawsuit to be sustained, a plaintiff must prove that law enforcement officers violated a federal statutory or constitutional right and that the unlawfulness of their conduct was clearly established at the time. 

(2) So long as there is probable cause supporting an arrest for some offense, it is legally irrelevant that the arresting officers may have chosen the wrong offense. 

(3) A finding of probable cause requires only that there be a fair probability or substantial chance that an arrestee committee a crime. 

(4)  Speech that causes a clear and present danger of imminent violence and was designed to disrupt a lawful endeavor constitutes a violation of Pen. Code § 415(2). 

(5) A detainee who refuses to identify himself may be in violation of Pen. Code § 148(a)(1); delaying or obstructing a peace officer in the performance of his or her duties. 

(6) Police officers are not constitutionally precluded from arresting for a misdemeanor that did not occur in their presence. 

(7) Absent a viable constitutional violation by its officers, a city is not civilly liable for failing to properly train ....