What are the elements of resisting arrest?
California, United States of America
The following excerpt is from People v. Smith, H039617 (Cal. App. 2014):
The elements of resisting arrest are: " '(1) the defendant willfully resisted, delayed, or obstructed a peace officer, (2) when the officer was engaged in the [lawful] performance of his or her duties, and (3) the defendant knew or reasonably should have known that the other person was a peace officer engaged in the performance of his or her duties. [Citations.]' [Citation.]" (People v. Ghebretensae (2013) 222 Cal.App.4th 741, 759.)
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