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VOLUME 7 - CHAPTER 103
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103.8 False Impersonation/False Identification

    103.8.3 False Impersonation/False Identification: Defenses And Defense Theories

    103.8.3.1 False Identification To Police Officer: Inapplicable To Consensual Encounter
    103.8.3.2 False Impersonation/False Identification: Additional Defenses And Defense Theories

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VOLUME 7 - CHAPTER 103

    103.8.3.1    False Identification To Police Officer: Inapplicable To Consensual Encounter

PRACTICE NOTE: In California, the false personation statute (Penal Code § 148.9) applies to: "Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer [], upon lawful detention or arrest of the person, either to evade the process of the court or to evade the proper identification of the person by the investigating officer ..."

    Such a statute should apply only when the person has been lawfully detained or arrested. If the false statement is given during a consensual encounter with the police, then the statute is not violated. (People v. Voeurn O. (1995) 35 CA4th 793, 796 [41 CR2d 549].)

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VOLUME 7 - CHAPTER 103

PRACTICE NOTE: The defenses and defense theories discussed in this chapter are offered to provide ideas which may be helpful in developing a defense strategy and are not intended to be a complete checklist. Depending on the jurisdiction and the factual circumstances, other theories may be available. (See generally FORECITE National™ Volume 11: Affirmative Defenses And Defense Theories (Ch. 250-264).) For example, in any given case defensive theories may be available as to one or more of the basic elements of criminal liability. (See generally FORECITE National™ Volume 5: Basic Elements Of A Criminal Allegation And Defenses Thereto (Ch. 43-62).)