Does a person have a right to use force to resist a search and seizure?

California, United States of America


The following excerpt is from King v. State, 195 Cal.Rptr.3d 286, 242 Cal.App.4th 265 (Cal. App. 2015):

A person who is subjected to an unconstitutional detention, arrest, or search does not have a right to use force to resist that constitutional violation. (Evans v. City of Bakersfield (1994) 22 Cal.App.4th 321, 332333, 27 Cal.Rptr.2d 406.) "While society has an interest in securing for its members the right to be free of unreasonable searches and seizures, society also has an interest in the orderly resolution of disputes between its citizens and the

[242 Cal.App.4th 295]

government. [Citation.] Given such competing interests, we opt for the

[195 Cal.Rptr.3d 310]

orderly resolution through the courts over what is essentially street justice. " (Id. at p. 332, 27 Cal.Rptr.2d 406.)

b. The evidence is insufficient to support the jury's finding Tawney violated the Bane Act

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