Penal Code section 148 makes it a misdemeanor to willfully resist, delay, or obstruct a peace officer, public officer, or emergency medical technician engaged in the lawful performance of their duties. It applies to sworn law enforcement and certain public officers, not to private security officers, who hold no peace-officer authority and cannot invoke this statute against someone who refuses to cooperate with them.
On private property, this statute becomes relevant when police respond to a security-initiated call and a subject resists the responding officers rather than security staff. Security personnel should understand that their own directions carry no PC 148 backing — a person who ignores a security officer's instructions has not committed this offense, though the underlying conduct might separately be trespass or another crime.
Because PC 148 applies to law enforcement's authority rather than a security officer's, guards should avoid telling detainees they are 'resisting arrest' in a legal sense; instead, officers should focus on de-escalation, safety, and prompt handoff to responding police once they arrive. Overstating this statute's applicability can create liability.
Confirm current statutory text and case interpretations, since courts have refined what counts as 'lawful performance of duties' for purposes of this section.
Related entries
Official sources
- [1]Cal. Penal Code § 148California Legislative Information
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General industry and regulatory usage — not legal advice, and not an endorsement by BSIS, the Department of Consumer Affairs, or any law-enforcement agency. Statutes, regulations, and local ordinances change; verify current text at the official government source or with your attorney.