CA Resisting Arrest Examples

Posted on March 11, 2017

Resisting arrest charges are understandably misunderstood by those unfamiliar with the criminal justice system. Consequently, a person can find themselves charged with resisting arrest without having any intentions of doing so.[1] This is because resisting arrest does not statutorily require physical contact, but requires the slightest delay in the performance of a police officer. Through different resisting arrest examples, this article may help you understand how the district attorney charges someone with resisting arrest. You may also find the following article helpful in your understanding of California’s resisting arrest laws:

• Penal Code section 148(a)(1)
• Orange County Resisting Arrest Attorney
• Common Defenses to Resisting Arrest Charges
• Resisting Arrest Punishment
• Resisting Arrest Q&A

Example #1

Sarah was driving her car on the 405 freeway when a California Highway Patrol officer initiated his overhead lights.[2] Sarah observed the flashing lights and became angry because he has been caught speeding. She eventually pulled over the freeway shoulder after traveling an additional half-mile. Upon contact, the officer arrested Sarah for resisting arrest under PC 148(a)(1).[3] In this case, the district attorney would file resisting arrest charges because Sarah delayed the officer’s ability to perform his duty of issuing a traffic citation. Although an extra half mile does not seem to be a great distance, the statute provides that the slightest delay will suffice.

Example #2

Dan was walking home with his friend from a Newport Beach local bar.[4] Dan’s friend then urinated in a bush. A local officer observed Dan’s colleague urinating and proceeded to make a detention. Dan then confronted the officer, he held up his hands and said “I’m sorry about that he’s drunk.” The officer then had to walk around Dan to effectuate the detention of Dan’s colleague. Dan was later arrested for resisting arrest. Here, although Dan did not have any physical contact with the officer, he nonetheless, obstructed the officer’s ability to make a swift detention of Dan’s colleague by getting into the way of the officer’s path. As silly as this may be, Dan can be arrested and later charged with resisting arrest.

Example #3

Billy was leaving his friend’s party when he was detained by Laguna Beach Police Officers for a public intoxication investigation.[5] The officers formed the opinion that Billy was drunk and public and proceeded to place handcuffs on him. However, Billy moved his arms away preventing one of the officers from handcuffing him. Billy’s reaction was based on the fact that he believed he was fine and acting appropriately. The officer eventually grabbed Billy’s arms and placed him in handcuffs. Billy was then arrested and charged with resisting arrest. In this case, Billy delayed the officer’s ability to place handcuffs on him by moving his arms away. Although extremely brief, it arguably is sufficient for the officers to arrest him for resisting arrest.

Contact Us to Schedule a Free Case Evaluation

If you have been arrested or cited for resisting arrest in Orange County, then contact a respected and experienced Orange County criminal defense attorney to aggressively represent your rights.[6] Contact our office today to schedule your free confidential case evaluation.

Legal References:

[1] https://en.wikipedia.org/wiki/Resisting_arrest

[2] https://www.chp.ca.gov

[3] http://law.onecle.com/california/penal/148.html

[4] http://www.visitnewportbeach.com

[5] http://www.lagunabeachcity.net/cityhall/police/

[6] https://en.wikipedia.org/wiki/Orange_County,_California