Can a police officer be charged under section 148.5 of the California Criminal Code for making a false report to the police?

Appellant correctly asserts that under Pena v. Municipal Court (1979) 96 Cal.App.3d 77, 157 Cal.Rptr. 584, a citizen's complaint of an officer's conduct made to the department cannot be considered as a report of a criminal offense under section 148.5. The court in Pena held that a complaint to the police department asserting misconduct by police officers does not constitute the crime prescribed by section 148.5 of reporting to a police officer that a felony or misdemeanor has been committed, knowing such report to be false. (Pena, supra, at p. 83, 157 Cal.Rptr. at p. 584.)

As noted by both the trial court in this case and the appellate court in Pena, there are many gray areas where the reported misconduct of the officer [21 Cal.App.4th Supp. 5] may also be the basis for a criminal investigation against that officer. "Many, if not most, allegations of police misconduct are also violations of various criminal statutes." (Pena v. Municipal Court, supra, 96 Cal.App.3d at p. 83, 157 Cal.Rptr. 584.) The trial court here repeatedly expressed its concerns as to whether appellant's statements fell within or outside the protective guarantees of section 832.5. At one point, the trial court even stated, "It [appellant's conduct] is something, quite frankly, that there could be a reasonable way of looking at it in other ways. I'm not sure that I'm right."