Can you be arrested for giving a false name to an officer when that is all you have done wrong?

william74044

Well for one your boyfriend is already on probation, so he isn't that stupid. Or maybe he is.

It is unlawful to give an officer false identification when requested to do so. The officer made a lawful traffic stop on the vehilce for having no tag, so the officer has the right to request identification from all parties in the vehicle for his and their safety.

The reason the officer requested identification is to see whether or not your boyfriend was wanted, or possibly on PROBATION. Your boyfriend has also probably violated his terms of PROBATION for not notifying the officer that he was on PROBATION!

Because your boyfriend is not the smartest, he more than likely will have his probation revoked. In my experience, he was hiding something to give the wrong name. Innocent law abiding citizens have nothing to hide.

doofuss

Yes. In many places, it's called obstruction.

chuck_junior

Giving false information to a Peace Officer will land you in bracelets every time. Why would he give them the wrong name?
Hmmmm
Let me think...

kapute2

yes they can arrest you for giving a false name, if it's inadvertent, they'll release you someday..maybe

dumbblond

He was falsifying a police report. It is a felony. If he is on probation then he will be going to jail.

Anita G

Absolutely...you can be arrested for giving a false name.

easyericlife

In Arizona it is a crime to give a false name to the police.
He did not have to answer or give ID since he was not committing the offense himself.

Beau R

The charge, which the actual wording depends upon your state's statutes, is Failing to Identify oneself to a Police Officer upon demand. This was based upon a ruling by the US Supreme Court about two years ago. Your boyfriend is in violation of his probation, should the officer push the charge. He is required to give his legal name, and address, to a Police Officer, when requested.

patriot07

yes.

Chuck-the-Duck

Obstructing Justice is what it's called. It sounds like the officer wasn't in a good mood as it's only a misdemeanour charge. Win some, Lose some. When a person is on probation, they are required by Law to identify themselves as a probationer if confronted by police. It's actually a technical violation to even get stopped by the police. And if you pick up another charge it's automatic violation.
GOD BLESS/GOOD LUCK!!

GDBear

Unfortunately for him, unless he gives the name by which he is legally recognized he is in violation of the law. If an application has been made to have his name legally changed, they might be willing to drop the charge, but that's a very slim possibility. I wish I could give you better news but your bf should have given his surname from his birth certificate.

Kevin

Yes, he committed a crime. Whether he was the original focus of the Officer's investigation or not.

The crime (in Ohio at least) would be called obstructing official business, and falsification.

Usually the only reason for providing a false name is if someone had a warrant.

Another bit of trouble your boyfriend may be in, if he is on probation; it is one of the terms of his probation to identify himself as a probationer to law enforcement if he comes in contact with them. Not only did he lie to the Officer but he violated his probation by not making that fact known.

matthewebynum

yes. For lying to an officer AKA Fraud

silver lining

Yes he can be arrested,

djkinsaul1

They probably arrested him for both reporting a false name and driving a unregistered vehicle. Due to his probation, any new criminal charge is a violation of his probation. If he's on probation to start with, he's not innocent.

honey

Giving false info to a cop (especially false name) is a crime.

luciousgreeneyedlady

I know that in California you can be arrested. I don't know if it is like that everywhere. Check with your local police dept.

shrty0525

He obstructed. Giving a false name to the police for ANY reason is illegal.

MOON

Yes--In La. it's called Resisting an Officer!

UncleRico

I'm sure his lying about his name had absolutely nothing to do with his being on probation. It's a crime to knowingly provide false information to a police officer.

Paul C

Yeah, I think so.

CGIV76

Why would you want to give false information, if you haven't done anything wrong. In this case, honesty would have been the best policy. Now it is up to a judge.

Nate

Yes you can, im not sure what state you reside in but here is mn law...609.506 PROHIBITING GIVING PEACE OFFICER FALSE NAME.
Subdivision 1. Misdemeanor. Whoever with intent to obstruct justice gives a fictitious name other than a nickname, or gives a false date of birth, or false or fraudulently altered identification card to a peace officer, as defined in section 626.84, subdivision 1, paragraph (c), when that officer makes inquiries incident to a lawful investigatory stop or lawful arrest, or inquiries incident to
executing any other duty imposed by law, is guilty of a misdemeanor.

Subd. 2. Name of another; gross misdemeanor. Whoever with intent to obstruct justice gives the name and date of birth of another person to a peace officer, as defined in subdivision 1, when the officer makes inquiries incident to a lawful investigatory stop or lawful arrest, or inquiries incident to executing any other duty imposed by law, is guilty of a gross misdemeanor.

Subd. 3. Fictitious name; gross misdemeanor. Whoever in any criminal proceeding with intent to obstruct justice gives a fictitious name, other than a nickname, or gives a false date of birth to a court official is guilty of a misdemeanor. Whoever in any criminal proceeding with intent to obstruct justice gives the name and date of birth of another person to a court official is guilty of a gross misdemeanor. "Court official" includes a judge, referee, court administrator, or
any employee of the court.

wfsgymwear

He more than likely was arrested for a probation violation. He lied to the police. I am sure that this is against his probationary guidelines. however, your true question, boyfriend as-side, yes you can give a false name. You can only do this if you have not committed a crime. however, if it is found that you gave the wrong name I'm sure a crime can be found. If you do give a false name reasonable suspicion can arise and you can be detained until it is found out who you really are.How many law abiding citizens would give a false name? Your boyfriend already got my suspicions rising. by the way...If your somewhat intelligent and decent looking why do you stay with a liar who is on probation?

tacitblue

This sort of thing will vary from state to state. Your best course of action will be to find out exactly what he has been charged with and look up the statute. I can tell you that in the state in which I live he would be technically in violation of the law (Criminal Impersonation in the 2nd Degree, a class A Misdemeanor ). However, if the name he gave is a name that he commonly goes by, and he stood nothing to gain by giving a false name (e.g. he didn't have any outstanding warrants he was trying to avoid), then perhaps a judge would rule favorably for him. Being on probation doesn't help as the argument could be made that he gave the false name in order to keep the officer from finding out about his criminal background. These are issues that you need to discuss with an attorney (one will be appointed for you if blah, blah, blah). The bottom line is that you should never lie to law enforcement, there is nothing illegal about refusing to answer a question.

My husband is dealing with the same thing he was a passenger in the car that was broken down and when the police arrived he gave them his first name and my maiden last name his attorney advised him to fight it it is not a crime to give an officer a wrong name unless you are the subject of the investigation in the violation of the law, also there is no penalty for giving an officer a fake name unless you are doing it to commit a crime or to help another person commit a crime fight the charges if he wasn't the one driving, he will be charged with a probation violation definitely for not reporting police contact to his P.O. and will most like be re-sentenced for the charges on which he is on probation for.

I had gave some statements to the detectives about a murder serious crime that happens 10 yrs ago. It was a mistake I had gave out too much informations and I regret it. The problem is I told them my friend was with me at the scene. I told them his name and now they want me to identify his picture, but this is too serious I will loose a good friend if I'll identify him. I don't want to involve with this matter anymore. I want to get out of it. I hate to give them anymore information. Questions: Am I going to be in trouble if I stop giving further statement or not talking to them. Please help me, what should I do to avoid being testify and identify.

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