Legal Question in Criminal Law in California

I was riding my bicycle on Mt Baldy Road in Angeles National

Forest. A law enforcement officer stopped me on January 13,

2012 and asked if I had a $5 Adventure Pass on my person. I

informed him that only motorists had to purchase Adventure

Passes and that since I rode up on my bike, I did not have

to purchase one. He kept insisting that I needed one and

was proceeding to issue me a citation. I stated that he had

no probable cause to stop me and I proceeded to leave. He

then pepper sprayed and tasered me and had me arrested and

charged with impeding an investigation.

I had a preliminary hearing last week; am pleading not

guilty and am requesting a jury trial, should it go that

far.

MY QUESTION: If this case gets dropped (which I think it

will) could I (or my public defender) request that the Judge

hold this officer in contempt of court per CA Code of Civil

Procedure, Section 1209 (a) 3, 4 and 8??


Asked on 3/19/12, 3:11 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

I'm not familiar with the Adventure Pass program. What makes you think that only motorists need to get a pass? It's possible that the officer is right and you're wrong.

Even if you're right, I don't see any basis to hold the officer in contempt. Police, etc. often cite or arrest people based upon an honest misunderstanding about the law and/or the facts. Contempt of court has to be willful. An honest misunderstanding would not qualify. That you told the officer you disagreed with his understanding of the law does not change this analysis.

It's also not clear to me whether the court your case is in is state or federal. If the "law enforcement officer" you mention works for a federal agency and cited you for violating a federal requirement, then you're most likely in federal court. The statute you cite applies only in California state courts, so it would not help you even if the officer really did violate it.

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Answered on 3/19/12, 3:40 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You could file a civil rights case for excessive force, but it might not be worth the trouble and you might have to pay an attorney something upfront to take the case. Watch out for legal time limits.

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Answered on 3/19/12, 4:19 pm
Terry A. Nelson Nelson & Lawless

You obviously have not discussed this with your PD, or don't want to believe his answers.

1. You are overly optimistic about the case being 'dropped'. If the DA intended to do so, it would have happened much earlier. The more you commit 'contempt of DA' by your attitude, the less likely it is to be dropped.

2. Contempt of Court is simply not available to the judge for actions outside the courtroom, unless they are a violation of a specific court order, such as 'no commenting' on a case.

3. If you amazingly get the case dismissed 'in the interests of justice' with a ruling that there was 'factual innocence', you may then have grounds to file a civil case, but don't hold your breath waiting for such a ruling either, it is typically done only in clearly mistaken ID arrests. The court is not in the business of criticizing law enforcement or providing you grounds for civil action against law enforcement.

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Answered on 3/19/12, 5:40 pm


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