Perspective
Dec. 29, 2015
What is the line between free speech and resisting arrest?
In a recent case, the 4th District Court of Appeal outlined the law concerning resisting arrest when a person advocates non-cooperation and resistance to the police. By Frank Loo
Frank M. Loo
San Bernardino Public Defender's OfficeFrank is a former civil attorney and prosecutor. His opinions are his own and not of any other entity.
Where is the line between free speech and resisting arrest? In a recent case, the 4th District Court of Appeal answered that question when it outlined the law concerning resisting arrest when a person advocates non-cooperation and resistance to the police. In re Chase C., 2015 DJDAR 13495 (Dec. 18, 2015).
Penal Code Section 148(a)(1) says a defendant resists arrest when he or she "willfully resists, delays or obstruc...
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