Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed?

California, United States of America


The following excerpt is from City of Long Beach v. Bozek, 118 Cal.App.3d 847, 173 Cal.Rptr. 611 (Cal. App. 1981):

Pena v. Municipal Court, supra, held only that a complaint to the police department asserting misconduct by police officers does not constitute the crime prescribed by Penal Code section 148.5 of reporting to a police officer that a felony or misdemeanor has been committed, knowing such report to be false. (96 Cal.App.3d at p. 83, 157 Cal.Rptr. 584.) Having so held, the court stated: "Thus, appellant's more complex constitutional arguments need not be considered." (Id.)

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