Robert Phillips
- Ref # CAC00031
- May 27, 2021
Pen. Code § 148(a)(1); Resisting Arrest Pitchess Motions
CASE LAW
- Resisting Arrest, per P.C. § 148(a)(1)
- P.C. § 148(a)(1) and a Defendant’s Knowledge that the Person Resisted Was a Peace Officer
- P.C. § 148(a)(1) and an Officer’s Failure to Act in the Performance of His or Her Duties
- Pitchess Motions and the Materiality Requirement
RULES
To be guilty of resisting arrest pursuant to P.C. § 148(a)(1), it is required only that the defendant knew, or reasonably should have known, that the person resisted was a peace officer. A suspect’s voluntary intoxication is irrelevant to this issue. Detentions without a reasonable suspicion, arrests without probable cause, or an officer’s use of unreasonable force, fail to meet the P.C. § 148(a)(1) requirement that the officer is acting in the performance of his or her duties. Pitchess discovery is inappropriate absent a showing by the defendant that the information sought is material to a disputable issue.
