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"Resisting Arrest" is Broadly Defined

By Neil Shous, Esq.

California Penal Code 148 (a)(1) defines the offense commonly known as "resisting arrest." This crime most frequently gets charged in a situation where a police officer goes to arrest someone, and the person struggles physically to avoid being taken into custody. Police then have to apply greater force to subdue the suspect. But California Penal Code 148 reads broader than just the traditional notion of "resisting arrest." It applies to situations where a suspect is "resisting, delaying or otherwise obstructing" a peace officer or emergency medical technician in performing his/her duties. Basically this means anything that thwarts a peace officer in conducting an investigation and facilitating arrest qualifies as ?resisting arrest.? Other examples would include providing a false identity to an arresting officer or filing a false police report...continue to full post

Full post as published by California Criminal Defense Blog on July 01, 2009 (boomark / email).