What is the test for violating section 69 of the Police Complaint Act?

California, United States of America


The following excerpt is from People v. James, E057676 (Cal. App. 2014):

"The first way of violating section 69 'encompasses attempts to deter either an officer's immediate performance of a duty imposed by law or the officer's performance of such a duty at some time in the future.' [Citation.] The actual use of force or violence is not required. [Citation.] Further, 'the statutory language [of the first clause of section 69] does not require that the officer be engaged in the performance of his or her duties at the time the threat is made." (People v. Smith (2013) 57 Cal.4th 232, 240-241.)

Other Questions


Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
Can Respondents who have not been charged with violating a section of the obscenity ordinance, such as the "obscene" section, attack the section in the disjunctive? (California, United States of America)
When a police officer arrested defendant for a violation of section 21510 of the Virginia Criminal Code because he failed to produce identification upon request by the Attorney General, does the arrest violate the Fourth Amendment? (California, United States of America)
Is Section 148 a lesser included offense of the second way to violate section 69: knowingly resisting, by force or violence, a police officer who is performing his executive duty? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
What is the scope of section 5 of the California Charter City Act, section 5, subdivision (b) of the Act, allowing a city police force to appoint its own police officers? (California, United States of America)
What are the elements of a violation of section 422 of the California Code of Civil Procedure, section 422(1) of the Criminal Code, and what is the test for that violation? (California, United States of America)
Does Section 186.22 of the California Civil Code of Civil Procedure (i.e. section 186. 22) Violate Due Process? (California, United States of America)
Is there an exemption or privilege for disclosure of records of investigations of complaints against police officers under section 832.8 of the Penal Code? (California, United States of America)
What is the limitation period for a violation of section 288 and 288.5 of section 801.1 of the California Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.