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148(a)(1) PC Resisting, Obstructing, Delaying 148(a)(1) PC Resisting/ Obstructing/ Delaying a Peace Officer Every person who willfully resists, delays, or obstructs any public not to exceed one year, or by both that fine and imprisonment.one thousand dollars ($1,000), or by imprisonment in a county jail punishment is prescribed, shall be punished by a fine not exceeding any duty of his or her office or employment, when no other Health and Safety Code, in the discharge or attempt to discharge defined in Division 2.5 (commencing with Section 1797) of the officer, peace officer, or an emergency medical technician, as Elements You willfully resisted, delayed, or obstructed a police officer; When you acted, the police were engaged in performing their duties; You knew, or should have known, the police were performing their duty. Dispatch What were you dispatched to? How did you feel/ What were you thinking in your head? Any weapons/ violence/ H&S/ Mental health issues you were aware of? Prior contacts with inidivudal and how those went? Initial Observations How were they acting? What are you investigating? Any victims that need to be checked on ASAP? Example: DV calls How many officers? Suspect size and demeanor De-escalation (if practical) Exactly what de-escalation did you do? Was it successful or not? What resources did you request? Medical, extra officers, less lethal, etc... If not, why were you unable to do de-escalation? Example: Scene developed so quickly and suspect attacks you before you could do anything Hands on Who went hands on first (Suspect, you, partner)? Why did you go hands on? Were you attacked? Was there an exigency to detain the individual right away? What did you do (grab, hit, push, pull)? Describe exactly what you did. Where did you grab/ hit/ etc? What hand did you use and where did you grab? Hands on (continued) What was the suspect doing while you did this? Was he in a bladed stance with his hands raised? Was he turned away with his arms tucked into his chest? Describe the suspect's actions/ movements. If you used a specific control hold describe that you didit and the effects it had on the suspect. Example: Rear wrist lock Hands on (continued) What did you say throughout the encounter? How many times did you say these things? Examples: "Police, stop resisting" "Lay face down on the ground" "Put your hands behind your back" What did the suspect day? Did he acknowledge the commands and still not do them? Example: "F you, I'm not putting my hands behind my back" Detained Document offering medical attention Document put the suspect in recovery position Did the suspect make any spontaneous statements? **Remember Miranda applies at this time** Example: "Man I'm sorry, I didn't mean to do all that but I was just pissed off" Witnesses What did witnesses see? Have them describe where they intially started watching and what they saw. Who did they think was the primary aggressor? Did they feel the officer's use of force was justified given the circumstances? Description Did the suspect recognize you as an officer? Why did they do whatever they did to resist? Did they understand you had a legal reason to be doing what you were doing to investigate something? What were they trying to do? Examples: Escape, fight, distract Questions?