What are the elements of battery on a peace officer?
California, United States of America
The following excerpt is from People v. Tabitha B. (In re Tabitha B.), A149826 (Cal. App. 2017):
The elements of battery on a peace officer are as follows: (1) any willful and unlawful use of force or violence (2) against the person of a peace officer (3) engaged in the performance of his or her duties, and (4) the defendant knew, or reasonably should have known, the victim was a peace officer. ( 242, 243, subd. (b); People v. Lindsay
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Other Questions
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Is a probation condition requiring appellant to submit his person and property to search and seizure at any time of the day or night, by any peace officer or other peace officer, with or without a warrant, probable cause or reasonable suspicion? (California, United States of America)
When can a probation officer, parole officer, or peace officer revoke probation and rearrest a person? (California, United States of America)
In what circumstances will a defendant be charged with battery with injury on a peace officer? (California, United States of America)
Can a district attorney seek discovery of the peace officer personnel records of a criminal defendant who was not a police officer at the time of the crime? (California, United States of America)
Is resisting or obstructing a police officer a lesser included crime within the charge of battery on an officer? (California, United States of America)
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