What is the test for a charge of resisting, delaying or obstructing a police officer?
California, United States of America
The following excerpt is from In re J.Z., C059817 (Cal. App. 2/18/2010), C059817. (Cal. App. 2010):
Penal Code section 148, subdivision (a) requires the People to prove, beyond a reasonable doubt, "(1) the defendant willfully resisted, delayed, or obstructed a peace officer, (2) when the officer was engaged in the performance of his or her duties, and (3) the defendant knew or reasonably should have known that the other person was a peace officer engaged in the performance of his or her duties. [Citations.]" (People v. Simons (1996) 42 Cal.App.4th 1100, 1108-1109.)
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