Does section 834a of the California Criminal Code require a citizen to refrain from resisting arrest?

California, United States of America

The following excerpt is from People v. Gonzalez, 275 Cal.Rptr. 729, 51 Cal.3d 1179, 800 P.2d 1159 (Cal. 1990):

However, the 1957 Legislature enacted section 834a, which imposes a "duty" on citizens to refrain from forcible resistance to arrest. ¹³ In People v. Curtis, supra, we held that section 834a applies to unlawful as well as lawful arrests, so long as the officer has not used excessive force. (70 Cal.2d at pp. 351-354, 74 Cal.Rptr. 713, 450 P.2d 33.) The statute's purpose, we said, was to eliminate the "anachronistic" privilege

Page 748

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does the new section 834 of the California Criminal Code require a person to refrain from using force or a weapon to resist arrest? (California, United States of America)

Can a defendant be punished under section 654(1) of the California Criminal Code for failing to comply with the requirements of Section 654 of the Criminal Code? (California, United States of America)

Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)

Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)

Does section 1202.4 of the California Criminal Code require a defendant to pay restitution for economic loss caused by the criminal activity that formed the basis of the criminal conviction? (California, United States of America)

Can a defendant be punished under section 654 of the California Criminal Code for failing to comply with the requirements of Section 654, subdivision (a) of the Criminal Code? (California, United States of America)

Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)

Does section 1280 of the California Criminal Code require the writing and printing of a criminal conviction record to be entered into a computer database? (California, United States of America)

Does section 190.3 of the California Criminal Code allow the penalty phase jury to consider the "circumstances" of the crime within the meaning of section 190 of the Criminal Code? (California, United States of America)

Does section 190.3 of the California Criminal Code require a penalty phase jury to consider a defendant's unadjudicated criminal activity as a mitigating factor in the penalty phase? (California, United States of America)

Does section 834a of the California Criminal Code require a citizen to refrain from resisting arrest?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources