What is necessary for a person to be arrested under PC 148(a) regarding resisting an officer?

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For a person to be arrested under Penal Code 148(a), the key requirement is that they must willfully resist, delay, or obstruct a peace officer in the performance of their duties. This means that the individual must actively engage in behavior that hinders law enforcement efforts, demonstrating a deliberate choice to oppose the officer's actions.

Willful resistance can manifest in various forms, such as physically struggling against an officer's attempts to detain or arrest, providing false information, or using evasive tactics. This active engagement distinguishes it from mere verbal refusals or passive non-compliance, which may not constitute a legal basis for arrest under this specific code.

While attempting to flee, verbally refusing an order, or ignoring lawful instructions can indicate non-compliance, they do not fully capture the legal threshold of willful resistance or obstruction that is necessary for an arrest under PC 148(a). Thus, the focus is on the active and intentional nature of the resistance to lawful law enforcement actions.

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