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Penal code question?

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  • Penal code question?

    Does anyone know the penal code section for arresting someone for an infraction (not vehicle related), who does not posses a valid form of identification?. Lets say you stop someone for littering (374.4(a) p.c), they dont have a valid form of identification, so you arrest them pursuant to the charge and incident to arrest you find some dope on them. Any help would be much appreciated. I know its in the 853 section, just dont know which one exactly.
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    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.
    -George Orwell

  • #2
    PC 853.5(a)

    Except as otherwise provided by law, in any case in
    which a person is arrested for an offense declared to be an
    infraction, the person may be released according to the procedures
    set forth by this chapter for the release of persons arrested for an
    offense declared to be a misdemeanor. In all cases, except as
    specified in Sections 40302, 40303, 40305, and 40305.5 of the Vehicle
    Code, in which a person is arrested for an infraction, a peace
    officer shall only require the arrestee to present his or her driver'
    s license or other satisfactory evidence of his or her identity for
    examination and to sign a written promise to appear contained in a
    notice to appear. If the arrestee does not have a driver's license or
    other satisfactory evidence of identity in his or her possession,
    the officer may require the arrestee to place a right thumbprint, or
    a left thumbprint or fingerprint if the person has a missing or
    disfigured right thumb, on the notice to appear. Except for law
    enforcement purposes relating to the identity of the arrestee, no
    person or entity may sell, give away, allow the distribution of,
    include in a database, or create a database with, this print. Only if
    the arrestee refuses to sign a written promise, has no satisfactory
    identification, or refuses to provide a thumbprint or fingerprint may
    the arrestee be taken into custody.
    Does that help?
    The more you sweat in here, the less you'll bleed on the street. - Plaque at LASD academy

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    • #3
      Originally posted by cruz0311 View Post
      Does anyone know the penal code section for arresting someone for an infraction (not vehicle related), who does not posses a valid form of identification?. Lets say you stop someone for littering (374.4(a) p.c), they dont have a valid form of identification, so you arrest them pursuant to the charge and incident to arrest you find some dope on them. Any help would be much appreciated. I know its in the 853 section, just dont know which one exactly.
      I think your looking for PC 853.6(i)(5).
      "I contend that for a nation to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle." Winston Churchill

      Liberals are very broadminded: they are always willing to give careful consideration to both sides of the same side.

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