In what circumstances will a police officer have a reasonable belief that two defendants have a right to resist arrest?

California, United States of America


The following excerpt is from People v. Superior Court (Bowden), 135 Cal.Rptr. 306, 65 Cal.App.3d 511 (Cal. App. 1976):

Here as in Bigham the two defendants ignored a police order to halt and ran into a garage. That further act of flight reinforced the officer's reasonable belief that the two defendants were exhibiting consciousness of criminal involvement and established that the defendants were refusing to submit to a lawful temporary detention. A suspect does not possess the right to resist a lawful detention. (See People v. Hoze (1971) 16 Cal.App.3d 671, 94 Cal.Rptr. 360; Pen.Code, 148.)

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