What is the test for a charge of resisting a peace officer?

California, United States of America


The following excerpt is from People v. Hood, B266771 (Cal. App. 2016):

A jury convicted Shadaya Hood (defendant) of resisting a peace officer (Pen. Code, 148, subd. (a)),1 a misdemeanor. On appeal, she challenges the trial court's (1) refusal to exclude an inculpatory statement she made to the arresting deputy when that statement was disclosed after jury selection but prior to opening statements, (2) failure to instruct the jury of her privilege to use reasonable force in response to the use of unreasonable or excessive force by peace officers, and (3) review, during an in camera hearing, of law enforcement personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). We conclude there was no error, and affirm.

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