What are the legal elements of resisting arrest?
California, United States of America
The following excerpt is from People v. S.P. (In re S.P.), E062438 (Cal. App. 2015):
The legal elements of resisting arrest "are as follows: '"(1) the defendant willfully resisted, delayed, or obstructed a peace officer, (2) when the officer was engaged in the 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."'" (Yount v. City of Sacramento (2008) 43 Cal.4th 885, 894-895, italics and boldface added.)
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