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 resist if they believe the arrest is unjustified
b.Have a duty to refrain from using force or weapons to resist the arrest
c.May flee but not strike the officer
d.May resist with reasonable force only
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 §834aPractice all 200 questions free — no signup required.
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