Resisting arrest

Resisting arrest

PC69

Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer, in the performance of his duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment.

PC69 does not require proof that the defendant used force against or on the executive officer. (People v. Bernal (2013) 222 Cal.App.4th 512, 514.)

Failure to identify

Failure to identify one's self, either by not showing an identification card or by not verbally stating name and address, is not necessarily a PC148. (In re Chase C. (2015) 243 Cal.App.4th 107; People v. Quiroga (1993) 16 Cal.App.4th 961; In re Gregory S. (1980) 112 Cal. App.3d 764.) However, failure to identify one's self when being booked at jail is a PC148.

Failure to identify when an officer is writing a citation is a PC148. (People v. Knoedler (2019) 44 Cal.App.5th Supp. 1.)

Gang affiliation

People v. Elizalde (2015) 61 Cal.4th 423, 535.