Pen. Code § 148(a)(1); Resisting Arrest Pitchess Motions
To be guilty of resisting arrest pursuant to P.C. § 148(a)(1), it is required only that the defendant knew, or reasonably should have known, that the person resisted was a peace officer. A suspect’s voluntary intoxication is irrelevant to this issue. Detentions without a reasonable suspicion, arrests without probable cause, or an officer’s use of unreasonable force, fail to meet the P.C. § 148(a)(1) requirement that the officer is acting in the performance of his or her duties. Pitchess discovery is inappropriate absent a showing by the defendant that the information sought is material to a disputable issue.
On August 17, 2017, just after midnight, defendant Tristan Mackreth got into a road-rage altercation with a woman named Lisa Ward. Calling 911, Ward reported to police that defendant intentionally ran his car into hers, forcing her off the road. Ward told the 911 dispatcher that defendant had been chasing her with his lights out and “totally sideswiped” her car. Responding to this call, Sunnyvale Public Safety Officer Matthew Meyer—wearing a “standard police uniform” with a badge that was “readily apparent”—contacted a “very upset,” “hysterical,” and “confused” Ward. He also talked to a bystander—Arthur Megoloff—outside a 7-Eleven convenience store. Megoloff told Officer Meyer that defendant was acting in a “threatening manner” and had gone “all nuts on me.” Per Megoloff, defendant had run into the 7-Eleven. Officer Meyer could see defendant in the store “stuffing things down his pants” as the store clerk (who appeared to be “clearly afraid”) tried to deal with him, causing the officer to be concerned that defendant might be committing a robbery and/or might be armed. He therefore called for Code-3 backup. Officer Meyer made eye contact with defendant who then ran into a back room. As Officer Meyer entered the store, defendant reappeared with keys and something else in his hands, which later turned out to be a phone. (Unbeknownst to Officer Meyer, or other responding officers, defendant had used that phone to call 911, reporting that he had been involved in a traffic accident.) Officer Meyer drew his Taser and pointed it at defendant, yelling at him to “get on the ground.” Defendant eventually complied, but not before Officer Meyer noted that defendant was displaying clear signs of being under the influence of a stimulant; i.e., “very sweaty (and) fidgety,” “delusional,” and “disconnect(ed) with reality.” Defendant asked Officer Meyer to “show me your badge,” which seemed unusual in that Officer Meyer’s badge was clearly displayed on his uniform. Officer Meyer later testified that he did not think defendant believed he was a police officer and that he did not seem to “recognize the reality of what was going on.” When defendant got onto the ground, Officer Meyer told him not to move or he would be tased. Despite this warning, defendant popped back up again. Officer Meyer therefore tased him, as promised, the force from which knocked defendant to the ground once more. Incapacitated only momentarily, however, defendant got up again and ran towards the clerk. Officer Meyer chased after him, striking him twice with his baton. But defendant, un-phased, jumped over the counter and made for the exit, going through Megoloff who tried to shut the door on him. Just then Lt. Jonathan Griffith and Officer J.W. Carrel—both also in uniforms with visible badges—arrived with lights and sirens blaring. And the fight was on. Outside the store, the three officers were eventually able to get defendant handcuffed and subdued, but only after a two-minute struggle which included the use of the officers’ Tasers, batons, and fists. The fight resulted in all three officers suffering minor abrasions. Lt. Griffith also suffered an “atrial fibrillation” (i.e., a quivering or irregular heartbeat). A subsequent blood test showed that defendant had an “abuse level” of methamphetamine in his system. Defendant later related to his sister, detectives who interviewed him, and in his testimony at trial, that he was under the influence of methamphetamine at the time, was “obviously hallucinating (and) wasn’t in my right mind,” and that he did not believe that the officers were real police officers, thinking they were “fake cops.” As for the traffic collision, defendant claimed that Lisa Ward had swerved into his car when he tried to pass her on the right because she was driving too slow. Defendant testified at trial that he went into the 7-Eleven store to use their phone to report the accident. Convicted by a jury of the misdemeanor offenses of resisting arrest (P.C. § 148(a)(1)), vandalism (P.C. § 594(b)(2)(A)), and being under the influence of methamphetamine (H&S Code § 11550(a)) (the jury acquitting him of attempted robbery and assault with a deadly weapon, and hanging on a lesser included offense of assault), defendant was sentenced to time served (440 days) and three years of probation. He appealed his resisting arrest conviction only.