Powers to ArrestQuestion 48 of 200
If a person resists, delays, or obstructs a peace officer in the discharge of duty, Penal Code §148(a)(1) makes the conduct:
a.A civil infraction with a $50 fine
b.Always a felony
c.A federal offense exclusively
d.A misdemeanor
Explanation
Penal Code §148(a)(1) makes it a misdemeanor to willfully resist, delay, or obstruct a peace officer (or EMT) in the discharge of duty, punishable by up to one year in county jail and/or fine. The offense covers a broad spectrum of conduct. Crucially, §148 by its terms protects peace officers — not private security guards — so resistance to a private guard's lawful citizen's arrest is generally addressed through battery (§242), assault (§240), or related statutes, not §148. Options (a), (b), (c) misstate the classification.
Law Reference: Cal. Penal Code §148(a)(1)Practice all 200 questions free — no signup required.
Related questions on this topic
- A peace officer (not a private guard) may arrest under §836(a) without a warrant in which circumstances?
- If a peace officer uses unnecessary force on a person under color of authority, Penal Code §149 provides:
- Penal Code §834 defines an arrest as:
- Penal Code §834a provides that if a person has reasonable cause to believe they are being lawfully arrested by a peace officer, they:
- If a private security guard holds a citizen's arrestee for an unreasonably long time before delivering them to police, the guard's likely exposure includes:
- The 'scope' of a Guard Card holder's authorized duties under BPC §7582.1 is best described as:
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