What is the effect of a new section of the Criminal Code which prohibits the use of force against a peace officer?
California, United States of America
The following excerpt is from People v. Curtis, 70 Cal.Rptr. 271 (Cal. App. 1968):
'It should be noted that the new section does not eliminate the right of a person improperly arrested to pursue his lawful remedies against the peace officer. It merely eliminates his right to the use of force at the time of the arrest and requires him to seek his redress by resort to the courts, rather than by resort to violence.' (People v. Burns, supra, p. 841, 18 Cal.Rptr. p. 922.)
"The most advanced legal research software ever built."
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 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)
What is the difference between a misdemeanor evasion of a peace officer under Vehicle Code section 2800.1 and a felony evasion of the peace officer? (California, United States of America)
What is the effect of section 190.20 of the California Criminal Code on factors (h) and factor (b) in determining a defendant's sentence for assault with a deadly weapon and battery on a peace officer? (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)
What is the test for compliance with section 844 of the Alberta Penal Code, section 1538.5 of the Criminal Code, when a police officer forced their way into a person's home without a search warrant? (California, United States of America)
What is the effect of section 654 of the California Criminal Code when a defendant is found guilty of a charge under Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
What is the effect of section 654 of the Criminal Code of Ontario's Criminal Code when a court finds that a conviction is subject to the provisions of Section 654, subdivision (a) of the Act of the Court of Justice? (California, United States of America)
What is the effect of using section 654 rather than section 667.6 of the California Criminal Code when rejecting a defendant's claim that three criminal offences arose from the same incident? (California, United States of America)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
What is the effect of the one third-the-midterm rule of section 1170.1, subdivision (a) under section 654 of the California Criminal Code when applying to stay a sentence under Section 654? (California, United States of America)
