Tag Archives: Assaulting Police Officer


No Dual Convictions of PC 245(c) Based on the Same Act or Course of Conduct
March 6th, 2020

PC 954 authorizes multiple convictions for different or distinct offenses but does not permit multiple convictions for a different statement of the same offense when it is based on the same act or course of conduct. (People v. Vidana (2016) 1 Cal.5th 632, 650.) Whether a statute defines different offenses or merely different ways of […]


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Lawful Performance: Custodial Officer- -Use of “Reasonable” Force
October 23rd, 2015

People v. Gutierrez (2009) 174 Cal. App. 4th 515, identified the following problem with CC 2671:   Read literally, [CC 2671] authorizes a custodial officer to use reasonable force in four situations- -“to restrain a person, to overcome resistance, to prevent escape, or in self-defense”- -but erroneously limits to the first situation alone not only […]


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Lawful Performance: Custodial Officer- -Use Of “Reasonable” Force
November 30th, 2014

    People v. Gutierrez (2009) 174 Cal. App. 4th 515, identified the following problem with CC 2671:   Read literally, [CC 2671] authorizes a custodial officer to use reasonable force in four situations- -“to restrain a person, to overcome resistance, to prevent escape, or in self-defense”- -but erroneously limits to the first situation alone […]


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