Powers to ArrestQuestion 47 of 200

Penal Code §834a provides that if a person has reasonable cause to believe they are being lawfully arrested by a peace officer, they:

a.May physically resist the arrest if they honestly believe it is unjustified
b.Have a duty to refrain from using force or weapons to resist the arrest
c.May run away from the officer, so long as they do not strike or grab at the officer
d.May resist with reasonable force only, matching whatever level of force the officer uses

Explanation

Penal Code §834a expressly states that if a person has knowledge, or by exercise of reasonable care should have knowledge, that they are being arrested by a peace officer, 'it is the duty of such person to refrain from using force or any weapon to resist such arrest.' The statute applies to peace-officer arrests; common-law rules historically allowed reasonable resistance to plainly unlawful arrests, but §834a sharply curtails that for peace-officer arrests. Options (a), (c), (d) describe the historic rule or invent permissions inconsistent with §834a.

Law Reference: Cal. Penal Code §834a

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