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Unlawful entry into a crime scene Code???


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  • Unlawful entry into a crime scene Code???

    Good morning all,

    I had a situation the other day where a resident was trying to go into her house, which was the scene of a violent crime. Luckily I diffused it with verbal judo and she just cooled off.

    Does anyone know of any California Code which regulates unlawful entry into a crime scene. I could have sworn I've read a code that defines a crime scene and prevents entry into it, even by the press. I've been researching for two hours or so now and I'm going nuts.

    I've found 409.5(a) PC, but the away it reads, it only deals with natural disasters and other stuff. I guess 148 or maybe some type of 602 if nothing else.

    Any and all help is welcomed!

  • #2
    Last edited by Shoot_N_See; 11-03-2013, 10:05 PM.


    • #3
      I don't think there is a specific section for crime scenes. I always used 148 because the individual's conduct delayed and obstructed officers by taking them away from their other functions at the scene in order to remove the individual and prevent them from removing, destroying or contaminating evidence.
      Going too far is half the pleasure of not getting anywhere


      • #4
        Justr as a follow up to my prior post, if they enter the crime scene you are going to have to ID them and have the scribe enter them on the crime scene log inclusing time of entry and exit. Depending on how long they were there, what they did and what they touched or came on contact with. you may also have to write write a supplemental explaining their presence, book their clothing, take their prints, etc.

        It is a big deal and you can justify 148 PC because it has obstructed you and taken you away from your other duties. If you spend enough time arguing with them in denying entry (again, taking you away from your duties) 148 comes to mind once more.
        Going too far is half the pleasure of not getting anywhere


        • #5
          I would go with 148....easiest to articulate and the offense meets criteria of the CPC
          The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

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