California, United States of America
The following excerpt is from People v. Paine, C084470 (Cal. App. 2018):
Here, the instruction was not error given defendant's conduct on the building roof before his arrest. After a firefighter saw someone briefly look over the ledge of the roof, defendant was ordered by PA system to surrender. He did not. When officers reached the roof, they again ordered defendant to come out. He did not. While searching the roof, officers heard a sound and again ordered defendant to come out. Given those attempts to evade, the instruction was proper. (See People v. Sanchez (1939) 35 Cal.App.2d 231, 237 ["the fact that his flight was from the presence of the threatening police and not from the looted premises does not diminish its efficacy as evidence or reduce its weight as proof"]; People v. Gryszkiewicz (1948) 88 Cal.App.2d 230, 233, 237 [flight existed where the defendant saw an officer and then jumped on a streetcar].)
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