The Consequences of Prank-Calling Police

While Gilroy police are still investigating the nature of the “false call” that , one thing is certain—prank-calling police is not without consequences.

The incident represented a significant investment of local emergency resources, and the caller could face a year in jail if convicted of calling in a false emergency report, according to the California Penal Code.

More than 20 units from the Gilroy police responded, joined by officers from the California Highway Patrol and a medical standby from the Gilroy Fire Department, said police spokeswoman Amanda Stanford.

The punishment for calling in a false report, section 148.3 of the penal code, is “imprisonment in the county jail for a period not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine." 

The charge is a misdemeanor, but it can become a felony if the person reporting knows—or should know—that the response is “likely to cause death or great bodily injury,” according to the code.

If convicted of the felony charge, the person could spend time in state prison and face a $10,000 fine.

Police spokesman Chad Gallacinao said there were hints that the call might be false, but there was no room to take chances when lives could be at stake.

“For safety reasons, we had to go with standard protocols to ensure our safety and that of the residents,” he said.

Units responded under the assumption that armed men were holding hostage the residents inside the home on the 7700 block of Santa Barbara Drive at 2:34 p.m. Tuesday. Police called in the heavily armored BearCat vehicle and used a remote-controlled robot to search the house, said the spokesman.

Some residents in the area were unable to return to their homes for the two hours that authorities sealed off the surrounding streets during the incident.

Police found the house to be empty, completing the sweep at 4:12 p.m., said Stanford.

Two schools, Brownell Middle School and El Roble Elementary, were on lockdown during the incident, she said. Police called off the lockdown at 4:13 p.m.

The investigation is ongoing, said spokesman Gallacinao.

The call itself did not come from within the home, Stanford said. Police were able to contact the actual residents, who confirmed that neither they nor any person with access to the home had reported the incident.