Does a plaintiff have a constitutional right to resist unlawful detention or arrest?

California, United States of America


The following excerpt is from Evans v. City of Bakersfield, 22 Cal.App.4th 321, 27 Cal.Rptr.2d 406 (Cal. App. 1994):

7 Evans does not contend that the right to resist unlawful detention or arrest is of constitutional dimension. However, even if the point were argued, it would be unavailing. (People v. Curtis, supra, 70 Cal.2d 347, 353, 74 Cal.Rptr. 713, 450 P.2d 33; People v. Burns (1961) 198 Cal.App.2d Supp. 839, 841, 18 Cal.Rptr. 921.)

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