Crimes against the Justice System

Arrest

• Arrest and successful prosecution depend on the development of probable cause. Peace officers must know the elements required to arrest for crimes that obstruct law enforcement in their duties and to correctly categorize these crimes as misdemeanors or felonies.

Crime elements required to arrest for

• Resisting, delaying or obstructing a public officer, peace officer, or emergency medical technician– P.C 148(a)(1)– Elements of the crime

• Every person• Willfully resists, delays or obstructs • Any public officer• In discharging their duty

Continued

• Classification – misdemeanor

Peace Officer defined

• Any of the following-

Crime elements required to arrest for

• Obstructing or resisting an executive officer– P.C. 69

Elements of the crime – By means of threats or violence– Deter or prevent– Knowingly resists……

Classification – felony

Threatening a public officer

• Public Officers– Employed by governmental agencies with

certain specified law enforcement powers– Includes school employees

• P.C. 71

Elements of the crime • With intent to cause• attempts to cause• Any…

– To refrain from doing– Any act or duty– By means of threat– Directly communicated to the person– To inflict unlawful…person or property– It reasonably appears that it could be carried out

Classification – felony

Providing a False Identity to a Peace Officer

• P.C. 148.9 and C.V.C. 31

Elements of the crime

• Falsely represents self…

• To a peace officer

• Upon lawful detention or arrest

• To evade

Classification – misdemeanor

Falsely Reporting a Criminal Offense

• P.C. 148.5 Elements of the crime

• Every person• Reports to any peace officer…• That a felony or misdemeanor has been

committed• Knowing that the report is false

Classification – misdemeanor

Falsely Reporting an Emergency

• Emergency defined – Any condition which results in or could result in …

jeopardizes public safety …an evacuation

• P.C. 148.3

Elements of the crime – Reports or causes to be reported– To a specified government agency– That an emergency exists– Knowing the report to be false

Punishment

• Falsely reporting alone = misdemeanor

• If G.B.I. or death occur = felony

Falsely Reporting a Destructive Device

• It is a felony to report that a bomb or explosive has been…in a public or private location

• Destructive Device defined – Bomb or other explosive

• P.C. 148.1

Elements of the Crime

• Reports to specified personnel

• That a bomb or other explosive

• Has been, or will be

• Placed or hidden

• In any public or private place

• Knowing that the report is false

Classification - felony