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Cal. Penal Code § 834a (2026)

✓ current as of May 2026
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If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest.

Notes of Decisions
Cited in 38 cases (2 in the last 5 years), 1967–2025 · leading case: State v. Wiegmann, 714 A.2d 841 (Md. 1998).
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State v. Wiegmann, 714 A.2d 841 (Md. 1998). · cites it 2× “Comp. Stat. Ann. 5/7-7 (West 1993); Iowa Code Ann.”
State v. Valentine, 935 P.2d 1294 (Wash. 1997). · cites it 2× “” Cal. Penal Code § 834a (West 1996) (statute enacted in 1957).”
People v. Gregory S., 112 Cal. App. 3d 764 (Cal. Ct. App. 1980). · cites it 2× “, Pen. Code, § 834a.) Therefore, on the face of the statute it would appear that the physical activity that appellant engaged in, flight and concealment, which delayed the officer's performance of his official duty, violated the statute.”
State v. Hobson, 577 N.W.2d 825 (Wis. 1998). · cites it 2× “§ 5-2-612 (Michie 1993); Cal. Penal Code § 834a (West 1985); Colo.”
Duke v. Superior Court, 461 P.2d 628 (Cal. 1969). · cites it 2× “(Pen. Code, § 834a; see People v. Curtis (1969) 70 Cal.”
Glenn v. State, 849 S.E.2d 409 (Ga. 2020). “Code § 13A- 3-28; Cal. Penal Code § 834a; Iowa Code Ann. § 804.”
Commonwealth v. Moreira, 447 N.E.2d 1224 (Mass. 1983). “§ 41-512 (1977); Cal. Penal Code § 834a (Deering 1971); Colo.”
People v. Curtis, 450 P.2d 33 (Cal. 1969). “) However, as we shall first discuss, Penal Code section 834a, enacted in 1957, revised the first aspect of that rule.”
Brown v. City of Oklahoma City, 721 P.2d 1346 (Okla. Civ. App. 1986). · cites it 2× “12 (1980); Mont.Code Ann. § 45-3-108 (1981); Neb.”
People v. Allen, 109 Cal. App. 3d 981 (Cal. Ct. App. 1980). “, Pen. Code, § 834a.) Therefore, on the face *986 of the statute it would appear that the physical activity that appellant engaged in, flight and concealment, which delayed the officer’s performance of his official duty, violated the statute.”
State v. Thomas, 262 N.W.2d 607 (Iowa 1978). “As a consequence many jurisdictions have statutorily abrogated the aforesaid common law rule because it has come to be generally regarded as an anachronistic and dangerous concept.”
People v. Lopez, 188 Cal. App. 3d 592 (Cal. Ct. App. 1986). “” Penal Code section 834a states that: “If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest.”
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