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  • Anyone know the level of offense for...

    NY Criminal Penal Law 140.50?

    No, I haven't been arrested. Just doing some research and can't tell if it's a violation, misdemeanor, felony, or something else.

    Guessing Norm DeGuerre Norm will clue me in on the complexities.
    Athiest. Because... science

  • #2
    Not a lawyer, which might be why your question confuses me. A google search seems to indicated 140.50 is about questioning or searching people in public, so 140.50 wouldn't determine the level of offense. Whatever you were caught with in such a search would determine the level of offense... if an offense is found.

    https://codes.findlaw.com/ny/crimina...ct-140-50.html

    NRA Life Member
    NRA Basic Rifle Instructor
    www.unconvictedfelon.com
    www.facebook.com/blackcoyotesrt

    I was thinking of his cannon.

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    • #3
      hhhmmmnnnnn...
      Now, StinkyPinkytm, --
      was your question related to CPL, or PL ..??
      one is about Procedure, one defines statutory Crime
      “The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power in power.” – Gerry Spence

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      • #4
        Good questions. Not really sure. Out in LA and had a consensual interaction with the PD, of which I excused myself presently. How that dead and (assumably) homeless person wound up that way is not my business. I'm just walking back to my hotel from a tavern.

        Looked up the laws on identifying one's self post haste, but couldn't find the level of offense locally. Just thinking out loud.
        Athiest. Because... science

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        • #5
          well, it would seem that there was indeed a crime to investigate there--

          now that we have context, your question touches on both Procedure, and Punishment
          in investigating that crime they can ask you for name and address
          I would decline to provide anything more..

          in New York there is no requirement for Statutory ID, i.e a drivers license, or such

          what might you have been charged with ..??
          say you were indeed arrested, in such case you would be required to ID ..
          if not the "obstructing governmental administration" charge would come up
          “The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power in power.” – Gerry Spence

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          • #6
            Harge, Lennie L 51 Sidney St.
            Buffalo, NY 14211
            Black Male
            5'08"
            143 lbs
            Brown Hair
            Brown Eyes
            05/24/2018 18-000267 Obstruction Governmental Admin. 2nd, Resisting Arrest and False Personation
            “The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power in power.” – Gerry Spence

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            • #7
              Penal Law - PEN § 195.05 Obstructing governmental administration in the second degree

              person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actor's intent that the animal obstruct governmental administration.

              Obstructing governmental administration is a class A misdemeanor
              “The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power in power.” – Gerry Spence

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              • #8
                Originally posted by 24Pink14Stink View Post
                Good questions. Not really sure. Out in LA and had a consensual interaction with the PD, of which I excused myself presently.
                Voluntary or work related venture into commiefornia?

                NRA Life Member
                NRA Basic Rifle Instructor
                www.unconvictedfelon.com
                www.facebook.com/blackcoyotesrt

                I was thinking of his cannon.

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                • #9
                  as regards Stop and Identify in Californis, it's really simple
                  there is nothing in statute
                  Certain police unions have claimed that Hiibel combined with the general obstruction statute creates a duty to identify. There is no support for this in California statutes or case law.
                  “The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power in power.” – Gerry Spence

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                  • #10
                    Originally posted by WARFAB View Post

                    Voluntary or work related venture into commiefornia?
                    Compromise and logical endpoint of a vacation.
                    Athiest. Because... science

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                    • #11
                      Originally posted by Norm DeGuerre View Post
                      Penal Law - PEN § 195.05 Obstructing governmental administration in the second degree

                      person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actor's intent that the animal obstruct governmental administration.

                      Obstructing governmental administration is a class A misdemeanor
                      Thank you sir. We were 2nd and 3rd on scene. I didn't personally care how he passed, but it was pretty clear he was deceased . Sort of a stand by me moment, but made me think about the interaction and how I would handle it in this neck of the woods.

                      Side note - the homeless in LA don't hide under overpasses anymore. They just pitch tents right on the sidewalk. Whole place is fukked.
                      Athiest. Because... science

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                      • #12
                        I don't have a problem saying my name and basically stay silent to any questions or requests.
                        One could simply say I am just a bystander and while I would like to be helpful I am sorry I don't have any information to share.
                        If asked again reply the same thing over and over just like a soldier when arrested and questioned. Name and rank. That's all you get from me.
                        What are they going to do? They can hold you there waiting only to hear the same thing over and over but they cannot arrest you.

                        Even if you are involved on an incident where you are innocent and whether you have something to share or not you should simply say I am happy to
                        assist the police but I have nothing to share at this moment.

                        Everything you need to know...




                        It is a shame when people demanding tolerance, have no tolerance

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                        • #13
                          Part 2...

                          It is a shame when people demanding tolerance, have no tolerance

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                          • #14
                            James Duane is a fast talker ..
                            “The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power in power.” – Gerry Spence

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                            • #15
                              So dead bodies in San Fran and LA. Good times.

                              "Terrified" San Francisco Tourists Shocked By Aggressive Vagrants, Discarded Needles, Dead Bodies.

                              Ah, my old town.

                              When I lived in San Francisco (1992-1994), the most you had to worry about, really, was aggressive panhandling, the usual big-city crime, and the smell of human urine -- even in the city's uber-rich Financial District.

                              And, of course, finding a place to park that cost less than your apartment.

                              But today the city is a special kind of hell, completely unalleviated by the massive influx of Silicon Valley wealth.

                              Because that's what progressives do.
                              NRA Life Member
                              NRA Basic Rifle Instructor
                              www.unconvictedfelon.com
                              www.facebook.com/blackcoyotesrt

                              I was thinking of his cannon.

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