Legal Question in Criminal Law in California
Resisting Arrest
Do police have to be marked with some article of clothing that gives notice to who they are when serving a search warrant? Other than a badge.
2 Answers from Attorneys
Re: Resisting Arrest
Good Afternoon,
If you have been charged with resisting arrest, the Government must prove that you actually knew or reasonably should have known that (a) the person was a peace officer and (b) the officer was engaged in the performance of his or her duties.
Whether the Government can prove their case will turn on the specific facts of your situation. If you would like to discuss your case further, feel free to contact me at [email protected] or visit my website at www.SolomonChang.com.
Regards,
Solomon Chang
Re: Resisting Arrest
No. Plainclothes officers routinely make arrests. They have to identify themselves as police at the time, but showing their badge and saying that they are police officers is generally enough.
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