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The Supreme Court held the arrest to be unlawful due, in part, to the lack of a valid warrant. This case has been widely cited on the internet, but is no longer considered good law in a growing number of jurisdictions. Most states have, either by statute or by case law, removed the unlawful arrest defense for resisting arrest.
Modern sources describe Plummer and Bad Elk as applying when there is an unlawful use of force rather than when there is an unlawful arrest; under contemporary law in the majority of U.S. jurisdictions, a person may not use force to resist an unlawful arrest. [19]
The Mulford Act was a 1967 California bill that prohibited public carrying of loaded firearms without a permit. [2] Named after Republican assemblyman Don Mulford and signed into law by governor of California Ronald Reagan, the bill was crafted with the goal of disarming members of the Black Panther Party, which was conducting armed patrols of Oakland neighborhoods in what would later be ...
False arrest, unlawful arrest or wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.
"Stop and identify" laws in different states that appear to be nearly identical may be different in effect because of interpretations by state courts. For example, California "stop and identify" law, Penal Code §647(e) had wording [37] [38] [39] similar to the Nevada law upheld in Hiibel, but a California appellate court, in People v.
County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to determine if there is probable cause for holding the suspect in custody. The majority held that suspects ...
Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis. The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.
California Penal Code section 15 defines a "crime" or "public offense" as "an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, any of the following punishments: Death; Imprisonment; Fine; Removal from office; or,