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Home My WebLink About2463 OrdinanceORDINANCE NO. 2463 AN ORDINANCE concerning the giving of false information to a police officer and amending Section 9 40.030 of the Pasco Municipal Code. WHEREAS, it is the intent of the City Council to maintain a city criminal code that will pass constitutional muster; and WHEREAS, certain recent court decisions have supported the validity of an ordinance making it a crime to give false information to a police officer when the police officer has a reasonable suspicion to believe that a person was engaged or has engaged in criminal conduct, but casts doubt upon the constitutional validity of an ordinance which makes it criminal for a person simply to fail to give information when requested by a police officer even when the police officer has a reasonable suspicion to believe that a person was engaging in or nad engaged in criminal conduct; See Brown v. Texas, 443 U.S. 47, 61 L.Ed.2d 357 (1979); Kolender v. Lawson, 401 U S. (May 2, 1983); People v. Kelly, 189 Cal Rptr. 338 (C.A. 3rd Dt 1983), NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. Section 9.40.030 of the Pasco Municipal Code is hereby amended to read as follows: 9.40.030 FA+EURE-Te-GBEY-P8EIEE-OFFEER GIVING FALSE INFORMATION TO POLICE OFFICER. It is unlawful for any person to: 1) w±-11:1I+y knowingly fail to stop when requested or signaled to do so by a person reasonably identifiable as a city police officer for a lawful investigatory detention, or 2) wt+fia+Iy knowingly f'ett+-te-gtve-er to give false information as to his identity, current address, if he has any, and-an-exp+ftmat±en-e.€ or his activities when requested by a city police officer to give such infor- mation when stopped for a lawful investigatory detention by a city police officer. For purposes of this ordinance a lawful investigatory detention means that an officer has a reasonable suspicion based upon objective facts to believe that the person stopped or signaled to stop was engaging in or had engaged in criminal conduct. Section Two. This ordinance shall take effect five (5) days after passage and publication according to law. 'LS 1 s, City Clerk . A. Snider, Mayor PASSED this 75— day of August, 1983, and aoproved by the Mayor. ATTEST AP&S ED AS TO FORM ‘1°4 'A ubstello, City Atto August 4, 1983 TO. Police Court Judge Arthur Bieker FROM Greg A. Rubstello, City Attorney SUBJECT: The Giving of False Information to a Police Officer During an Investigatory Detention I know that you have expressed to both myself and to city police officers from the bench your belief that an ordinance making it unlawful for someone to give false information to a police officer is constitutionally invalid. Several months ago the city passed an ordinance to be codified as Section 9.40.030 of the PMC titled Failure to Obey Police Officer. That ordinance reads as follows: It is unlawful for any person to: 1) wilfully fail to stop when requested or signaled to do so by a person reasonably identifiable as a city police officer for a lawful investigatory detention, or 2) wilfully fail to give or to give false information as to his identity, current address, if he has any, and an explanation of his activities when requested by a city police officer to give such information when stopped for a lawful investigatory detention by a city police officer. Since that time I have come across a number of cases that support the constitutional validity of an ordinance that makes it unlawful for someone to give to a police officer false information when the officer has made a lawful investigatory stop. Some of tnose same cases, however, cast doubt upon the constitutional validity of prescribing criminal punishment when the person simply refuses to give information. Because of those cases I have prepared an amending ordinance to amend Section 9.40.030 to eliminate the language making it unlawful for some- one simply to fail to give information. This amending ordinance will be going to the city council for their review and passage. I would like for you to review the amending ordinance and to read the cases that I have cited in the preamble to the ordinance. For your convenience I have attached copies of a couple of those cases for you to read. Memo to Judge Bieker August 4, 1983 Page 2 If you still believe, even despite the cases that I have cited, that Section 9.40.030 of the PMC is constitutionally invalid even with the proposed amendments, I would appreciate receiving your opinion that such is the case and your reasons therefore. I anticipate that I would seek a declaratory judgment from the Superior Court regarding the constitutional validity of the ordinance as amended in such a case so that hopefully when cases come up where persons have been cited under this ordinance, they will not be unnecessarily dismissed in Pasco Police Court. Thank you for your cooperation. cc: Police Chief Francis Lee Kraft ..----,."4,-,... 15689 8-22-83 Eri-qrilu Herald PRINTING PUBLISHING _5°05°5 0 Phones — Pasco 547 3366 — Kennewick 586-2121 — Richland 946 6102 P 0 Box 2608 Tri Cities Washington 99302 City of Pasco PO Box 293 Pasco, WA 99301 TERMS Net Cash—Due Upon Presentation Please Detach On This Line And Return With Your Remittance $ 59.40 DATE DESCRIPTION CHARGES CREDITS AMOUNT DUE 8-1983 Ord 2463 9 Inches @ $6.60 59.40 59.40 15689 TRI CITY HERALD P 0 Box 2608 Tri Cities Washington 9 inches @ $6.60 = $59.40. 22nd day of Subscribed and sworn to before me this ugust fts ." ORDISSAMC ,403 AN ORDII, L'E con cerning the gm ig of false information to a police offi- cer and amending Section I 9 40 030 of the Pasco Mu- ' rucipal Code WHEREAS it is the in tent of the City Council to maintain a city criminal code that will pass constitu tonal muster and WHEREAS certain re cent court decisions have supdorted the validity of an I ord lance making it a crime to f ye false information to a alice officer when the I polire officer has a rea- sorable suspicion to be hove that a person was ' engaged or has engaged in criminal conduct but casts , doubt upon the constitu- tional validity of an ordi- nance which makes it I criminal for a person simply to fail to give information I r^luested by a police den when ,the po- ar has a reasona- -r--•detdroon to believe that'' a person was engaging in or had engaged in criminal conduct See—Brown_ v Texas 443 U S 47 61 L Ed 2d 357 (1979) 1(0- lender v Lawson 401 U S (May 2 1983) People v Kelly 189 Cal Rptr 338 (C A 3rd Dt 1983) NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- DAIN AS FOLLOWS Section One Section 9 40 030 of the Pasco Mu nicipal Code is hereby amended to read as fol- lows 9 40 030 Giving False Information to Police Offi- cer It is unlawful for any person to 1) knowingly fail to stop when requested or signaled to do so by a person rea sonably identifiable as a city police officer for a law ful investigatory detention Or 2) knowingly to give false information as to his iden- tity current address if he has any or his activities when requested by a city police officer to give such Information when stopped for a lawful investigatory detention by a city police of ficer For purposes of this ordinance a lawful inves- tigatory detention means that an officer has a rea- sonable suspicion based upon objective facts to believe that the person stopped or signaled to stop was engaging in or had engaged in criminal conduct Section Two This ordi nance shall take effect five (5) days after passage and publication according to law PASSED this 15 day of August 1983 and ap proved by the Mayor s-E A Snider Mayor ATTEST s-Evelyn Wells City Clerk APPROVED AS TO FORM s Greg A Rubstello City Attorney Legal No 15689 - August 19 1983 AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )s s STATE OF WASHINGTON Eileen Scott , being first duly sworn on oath deposes and says she is the principal clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- paper in Franklin County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copyofa legal advertisement "Ordinance No. 2463. °gage," as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, for a period of 1 time csavieritivexweeksc commencing on the 19th day of August , 1983 , and ending on the 19th day of August , 19 8 3 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 59. ko has been paid in full, also at the rate of Notary Public in and for the State of Washington residing at Pasco FINANCE DEPARTMENT 509) 545-3401 Sean 726-3401 CITY •.4 )‘ A of / r, , ,t 4 P 0 BOX 293 412 WFST CLARK PASCO, WASHINGTON 99301 August 16, 1983 Tri City Herald P.O Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance Nos. 2462, 2463 and 2464 on the following date. August 19, 1983 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew