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F 18.43 n1 False Identification To Police Officer: Inapplicable To Consensual Encounter.
PC 148.9 provides in pertinent part: “(a) 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 is guilty of a misdemeanor.” Hence, the statute applies 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. (95) 35 CA4th 793, 796 [41 CR2d 549]; see FORECITE F 2.03 n15 [Name Change As Explanation For Providing False Name To Police].)
F 18.43 n2 False Identification To Police Officer: Partially False Information.
(See In re Ivan J. (2001) 88 CA4th 27, 29 [105 CR2d 382] [juvenile who gave correct name but false DOB was properly found to have falsely identified himself to peace officer].)
F 18.43 n3 False Identification To Police Officer: Partially True Information (PC 148.9).
In In re Kelly W. (2002) 95 CA4th 468 [115 CR2d 536], the minor defendant was charged with giving false information to a police officer (PC 148.9) by identifying himself using only one name of a hyphenated surname. The court held that the prosecution failed to prove that the minor intended to evade the process of the court or evade proper identification in that there was no showing that Kelly represented himself as another person or falsely identified himself.
