P.C. § 148(a)(1) and Refusing to Identify Oneself

P.C. § 148(a)(1) and Refusing to Identify Oneself

Refusing to Identify Oneself Upon Being Cited for an Infraction

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 ....