February 10, 2025
Can You Resist an Unlawful Arrest in California?
Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer
The resistance to an unlawful arrest in California is highly misconstrued, primarily when there is police brutality involved. Can you resist an unlawful arrest? At Pointer and Buelna, LLP, we help victims of police misconduct protect their rights and hold law enforcement accountable.
What Is Considered an Unlawful Arrest?
False arrest or false imprisonment occurs when someone unlawfully restrains another without legal justification, such as a probable cause or a valid warrant. An unlawful arrest by police happens under similar conditions and can violate Fourth Amendment rights.
Can You Resist an Unlawful Arrest in California?
Yes, with significant limitations. Though California law recognizes the right to resist unlawful police action, it offers ample restriction on those actions; the penal code criminalizes resisting or obstructing an officer even for an arrest that would later prove illegal. This creates a gray area that is difficult to judge without much consideration.
The Right to Resist vs. Legal Risks
The right to resist is grounded in the defense of personal liberties. However, exercising this right can quickly escalate confrontations and lead to further charges. For instance, even a nonviolent pull-away may be construed as resistance.
Situations Where Resistance Might Be Justifiable
Justifiable resistance usually involves clear abuse of power, such as excessive force or unconstitutional actions. Proving this requires strong evidence.
The Role of “Reasonable Force” in Resisting Arrest
California law permits reasonable force to protect yourself, but what counts as “reasonable” depends on the situation. Courts assess factors like the officer’s force and whether the resistance matched the threat.
Risks of Resisting an Unlawful Arrest
Resisting an unlawful arrest can expose you to severe consequences. Understanding these risks is crucial.
Potential Criminal Charges for Resisting Arrest
Under California Penal Code Section §148, anyone who resists or obstructs public officers, peace officers, or emergency medical technicians in their duties or interferes with public safety radio communications may face fines of up to $1,000, one year in county jail, or both. Removing a weapon or firearm from an officer carries even harsher penalties.
Legal Complexities in Proving an Arrest Was Unlawful
Proving an arrest was unlawful requires legal expertise and substantial evidence, such as video footage, witness statements, or inconsistencies in police reports.
Alternatives to Resisting an Unlawful Arrest
Rather than risking additional charges, consider these alternatives:
Documenting the Incident
Record the event using your phone or take note of the officer’s actions, badge number, and witnesses. These details can bolster your case.
Filing a Complaint Against the Officer
You can file a formal complaint with the police department or pursue a civil lawsuit for misconduct. These steps hold officers accountable without escalating the situation.
How a California Police Misconduct Attorney from Pointer and Buelna Can Help
Expert legal assistance in the case of police brutality is crucial. Pointer and Buelna, LLP, fight for the victims of illegal arrests and police misconduct by collecting necessary evidence, filing complaints, and seeking justice on their behalf. Contact a police brutality lawyer in California, call us at (510) 929-5400 or schedule a free consultation today to discuss your case.
Adanté Pointer
Pointer has received numerous awards and honors. He has been selected as the “Nations Best Advocate” by the National Bar Association, a “Superlawyer” in 2021 by Superlawyers Magazine and was recently featured as being “the Best Civil Rights Lawyer You May Not Have Heard Of” by the East Bay Express.
Years of Experience: 16+ years
