More on the legality of lying to the police

[Overscore]

I have read numerous times that lying to the police, at least in PA, is not a crime, and that it's only a criminal act if it is a federal agent. In a discussion with a friend of mine, this section of PA law was cited as the proof that it is indeed a crime to lie to the police in PA. Can anyone weigh in on this? And I'm not talking about gun specific things.

§ 4904. Unsworn falsification to authorities.
(a) In general.--A person commits a misdemeanor of the
second degree if, with intent to mislead a public servant in
performing his official function, he:
...
(3) submits or invites reliance on any sample, specimen,
map, boundary mark, or other object which he knows to be
false.

From: http://www.legis.state.pa.us/WU01/LI...18/00.049..HTM

Parts 1 and 2, which I trimmed away, pertained to written statements, so they didn't seem relevant. I'm talking about just a normal, verbal conversation with a PA police officer.

[GunLawyer001]

The part you focus on isn't about mere speech, it's about proffering false physical evidence.

What happens more often is this, the making of false accusations about another:

§ 4906. False reports to law enforcement authorities

(a) Falsely incriminating another.--Except as provided in subsection (c), a person who knowingly gives false information to any law enforcement officer with intent to implicate another commits a misdemeanor of the second degree.

(b) Fictitious reports.--Except as provided in subsection (c), a person commits a misdemeanor of the third degree if he:

(1) reports to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or

(2) pretends to furnish such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident.

[Overscore]

Hmm, okay, thanks GunLawyer001. Ultimately, I have a bet that I'm trying to determine if I win or lose. If, for instance, I get pulled over, and the cop asks, "Hey, where did you buy this car," and I answer, "At a pretzel stand," did I just break the law?

[snakeman21]

The way I read the law, it seems that if a cop asks you something like, "Where do you live?" you could respond with, "On a beautiful little planet in the Andromeda galaxy. Earth just wasn't doing it for me, so I moved. Oh, and you should be aware that there is an elephant in my trunk playing poker with Cthulhu."

...and not be breaking any laws.

[MostlyHarmless]

How about just STFU and Don't Talk To The Police?

[snakeman21]

How about just STFU and Don't Talk To The Police?

Usually the smartest course of action, yes, but we are not discussing what is a good idea and what isn't. We are discussing what is legal.

[dregan]

I always understood that you can say anything you want so long as you are not under oath or making a sworn statement. You can't willingly obstruct justice or "cover up" a crime. Is it a good idea to piss off a LEO to test your limits... probably not. GunLawyer can elaborate more on this matter if he likes, he is far more educated than I in this.. but in a nutshell I guess it depends on what the situation is. My 2 cents..

[Overscore]

How about just STFU and Don't Talk To The Police?

In this case, it's all hypothetical and simply to settle a bet.

[GunLawyer001]

Hmm, okay, thanks GunLawyer001. Ultimately, I have a bet that I'm trying to determine if I win or lose. If, for instance, I get pulled over, and the cop asks, "Hey, where did you buy this car," and I answer, "At a pretzel stand," did I just break the law?

Only if you're attempting to implicate the pretzel stand owner in selling a stolen vehicle.

[mojollnir]

Remember, you have the right to remain silent,......... however most people lack the ability.