What is the test for a charge of obstructing the discharge or discharge of a peace officer?

California, United States of America


The following excerpt is from People v. Tracy, C073349 (Cal. App. 2015):

Section 148, subdivision (a)(1) provides: "Every person who willfully resists, delays, or obstructs any . . . peace officer . . . in the discharge or attempt to discharge any duty of his or her office" is guilty of a criminal offense. Defendant contends there was insufficient evidence to support his conviction on this charge, specifically because there was no evidence he willfully delayed the officers. He relies on People v. Quiroga (1993) 16 Cal.App.4th 961, for support. In that case, the defendant was inside an apartment when an officer entered without a warrant. The defendant demanded that the officer leave, and argued before complying with the officer's directives to sit down on a couch and remove his hands from his pockets. Once seated, the defendant again argued with

Page 6

Other Questions


What is the test for a charge of resisting, delaying or obstructing the discharge or discharge of a peace officer? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
What is the difference between a resisting, delaying or obstructing a peace officer charge and a murder charge? (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)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
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)
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)
In what circumstances would the defense in a civil case have to call at least two police officers, the officer who was involved in a chase and the officer involved in the chase, and the person who was arrested for shots being fired from his car? (California, United States of America)
Does a policeman working off-duty as a security guard for a drug store have to be considered a "peace officer" in the context of a battery charge? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.