The Court of Appeal upheld a minor’s conviction for obstruction of a peace officer. The unidentified minor had claimed that a San Bernardino sheriff’s deputy lacked probable cause and statutory authority to make an arrest, and used excessive force.
The unpublished appellate decision laid out the facts:
San Bernardino County Sheriff’s Deputy Kevin Nguyen attempted to detain the minor in an Adelanto strip mall April 18, 2020. Nguyen was responding to a loitering call. A woman told him on arrival that the minor had assaulted her son. The court documents do not clarify whether she was connected to the call he was responding to.
Nguyen told the minor to talk with him, but the minor instead walked away, and tossed an object in a trash can.
When told to place his hands on the hood of Nguyen’s car, the minor asked, “For what?” according to the ruling. Nguyen grabbed the minor by the wrist, but the minor pulled away and attempted to run away. Nguyen grabbed the minor again, but he broke free a second time and swung his elbow toward Nguyen’s head.
Nguyen attempted to wrestle the minor to the ground. Nguyen managed to straddle the minor, who grabbed the deputy’s wrists and lifted his own hips and body up in an attempt to buck Nguyen. Nguyen punched the minor twice, and he stopped resisting.
By that time, the woman who reported the assault had left the parking lot.Nguyen cited the minor for resisting a peace officer, under juvenile law.
Analysis
The minor argued that his conviction was impossible because Nguyen lacked the authority to arrest him, because the woman who claimed assault did not provide enough information for the assault, and because Nguyen did not see an assault himself.
The appellate court found that Nguyen had authority under Welfare and Institutions Code Section 625, which allows law enforcement to make warrantless juvenile arrests for misdemeanor offenses without witnessing the misdemeanor itself.
The court also found that Nguyen had the authority to detain the minor under juvenile law. Because Nguyen had the authority to detain, the minor violated the law when he resisted.
Finally, the court found that the minor’s claim that Nguyen used excessive force was irrelevant. Resisting a police officer, even if the officer uses excessive force, is still a crime, the court ruled, citing the 2018 California appellate case People v. Williams.
Case information
Rachel Varnell, under appointment by the Court of Appeal, represented the minor.
Attorney General Rob Bonta, Assistant Attorney General Charles Ragland and Deputy Attorneys General Daniel Rogers and Vincent LaPietra represented the people.
Temporary Judge Susan Slater presided.
San Bernardino Superior Court number J285771.
Appellate court number E077812.
Associate Justice Frank Menetrez wrote the opinion, which Acting Presiding Justice Douglas Miller and Associate Justice Michael Raphael joined.
Read the ruling here.
