Can a Minor Violate PC 148(a)(1) in a Warrantless Detention?

A minor cannot be convicted of violating Penal Code § 148(a)(1), resisting or obstructing a police officer, if the minor is detained without a warrant. The article that follows about the published opinion is written because in almost twenty years of practice, we have seen this charged several times in almost identical circumstances as in this case out of Barstow. We have argued against the charges without success. The following link is to a summary and an opinion every juvenile law practitioner should be aware of.


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