Does a suspect have to submit to the authority of the police?

California, United States of America

The following excerpt is from People v. Villasana, F056773 (Cal. App. 1/4/2010), F056773. (Cal. App. 2010):

Defendant also suggests that the holding in People v. Trudell, supra, 173 Cal.App.3d at page 1230 constitutes bad policy and should be rejected. He says a suspect has no way of knowing whether the police are asserting lawful authority but that social policy should require that suspects submit first and then question the assertion of authority, if appropriate. As such, he says, the law should afford the suspect rights commensurate with the decision to submit to authority in order to encourage compliance.

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