Custodial Arrest after Local Ord Invest

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rb408blue
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Joined: Wed Oct 21, 2020 11:39 am

Custodial Arrest after Local Ord Invest

Post by rb408blue » Wed Oct 21, 2020 11:50 am

I’m trying to find case law for NJ on the legality of a custodial arrest of a person who refuses to provide identification to police, or provides false identification information to police, after that person has violated a municipal or local ordinance such as consuming alcohol in public, littering, etc.
The charge would be obstructing the administration of law for refusing to provide identification while the officer was attempting to issue that person a summons for violation of the ordinance. I have heard differing opinions on whether or not we can ARREST someone and charge them with obstructing the administration of law, if the basis for the identification is for a local ordinance only. This is not to be confused with NJ vs Hurtado where the person was arrested for a local ordinance violation only.
Any thoughts?

BlueLine
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Re: Custodial Arrest after Local Ord Invest

Post by BlueLine » Wed Oct 21, 2020 7:17 pm

rb408blue wrote:
Wed Oct 21, 2020 11:50 am
I’m trying to find case law for NJ on the legality of a custodial arrest of a person who refuses to provide identification to police, or provides false identification information to police, after that person has violated a municipal or local ordinance such as consuming alcohol in public, littering, etc.
The charge would be obstructing the administration of law for refusing to provide identification while the officer was attempting to issue that person a summons for violation of the ordinance. I have heard differing opinions on whether or not we can ARREST someone and charge them with obstructing the administration of law, if the basis for the identification is for a local ordinance only. This is not to be confused with NJ vs Hurtado where the person was arrested for a local ordinance violation only.
Any thoughts?
It would be good to go for the arrest. There is an in presence requirement for something such as a municipal ordinance violation, if you witness it then you have a valid reason to detain. They refuse to identify or give a fake name when attempting to issue a summons for the violation, it's a valid arrest for 29-3.

rb408blue
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Re: Custodial Arrest after Local Ord Invest

Post by rb408blue » Thu Oct 22, 2020 8:06 am

I’ve always been able to get an ID on suspects in these cases but I was questioned on the validity of the custodial arrest if the obstruction was based on a local ordinance. There is no specific case law on that but given that an officer has an official duty to enforce local ordinances, if a subject refuses to provide ID it should fall under the 2C:29-3.
Thanks for the reply.

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