My boyfriend was riding in a car with his friend today when they were pulled over for having no tag. The officers searched the car and found nothing. They asked my boyfriend his name and he gave them a different last name (his adoptive parents last name) which isn't what is on his license or birth certificate. He explained this to them but they arrested him for giving a false name. I thought it was only illegal to give a false name if you were covering up for something illegal not just because a cop asked you your name. We really need advice on this because he is on probation and this charge could cause his probation to be revoked.
2007-03-29 12:35:23 · 25 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
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.
2007-03-29 13:08:08 · answer #1 · answered by william74044 3 · 2⤊ 0⤋
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.
2007-03-29 20:28:59 · answer #2 · answered by tacitblue 1 · 0⤊ 0⤋
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?
2007-03-30 02:14:03 · answer #3 · answered by wfsgymwear 3 · 0⤊ 0⤋
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.
2007-03-29 20:48:27 · answer #4 · answered by Kevin 6 · 1⤊ 0⤋
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!!
2007-03-29 22:13:56 · answer #5 · answered by Chuck-the-Duck 3 · 1⤊ 0⤋
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.
2007-03-29 19:46:49 · answer #6 · answered by Beau R 7 · 2⤊ 0⤋
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.
2007-03-30 03:36:18 · answer #7 · answered by Anonymous · 0⤊ 0⤋
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.
2007-03-29 19:48:14 · answer #8 · answered by GDBear 4 · 1⤊ 0⤋
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.
2007-03-29 19:41:40 · answer #9 · answered by djkinsaul1 3 · 2⤊ 1⤋
He obstructed. Giving a false name to the police for ANY reason is illegal.
2007-03-29 21:10:32 · answer #10 · answered by Anonymous · 0⤊ 0⤋