What are the consequences of a traffic stop that resulted in a defendant being found guilty of resisting arrest?

California, United States of America


The following excerpt is from People v. Hernandez, 146 Cal.App.4th 773, 53 Cal.Rptr.3d 66 (Cal. App. 2006):

Defendant next contends his convictions for resisting arrest must be reversed because Deputy Paonessa was not acting lawfully in the initial stop. Both parties agree that under California law a defendant cannot be convicted of resisting arrest if the officer was not acting lawfully at the time of the arrest. (People v. Simons (1996) 42 Cal.App.4th 1100, 1109, 50 Cal. Rptr.2d 351.) Since we have already concluded the traffic stop was not justified and therefore unlawful, we agree the convictions for resisting arrest cannot stand.

Other Questions


Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
What is the effect of Section 969a of the California Criminal Code when a jury has found a defendant not guilty of a charge of assault but found him guilty of the same charge? (California, United States of America)
Does a defendant who resists the use of excessive force by a police officer in the lawful performance of his or her duties have to be found guilty of resisting the officer? (California, United States of America)
Is there any case law where a defendant has been found not guilty of a charge but found guilty of assault? (California, United States of America)
In what circumstances will a defendant be found guilty of resisting arrest under section 69 of the California Criminal Code? (California, United States of America)
What is the test for overturning a finding that a defendant has been found guilty of a charge of sexual assault against two different defendants? (California, United States of America)
What is the effect of a rule in the criminal code allowing a defendant to plead guilty to a lesser charge if they are found guilty of the same offence? (California, United States of America)
Can a jury reverse a finding that a defendant guilty only of manslaughter be found guilty of a lesser charge? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
Can a defendant be found guilty as an aider and abettor as a result of his or her right to control of a controlled substance? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.