People v. Allen

Opinion

BROWN (G. A.), P. J.

Appellant, Leonard Allen, appeals from a judgment entered upon a jury verdict finding him guilty of receiving stolen property (Pen. Code, § 496). The trial court denied a pretrial motion to suppress.

The central issue to be decided is whether the police officer had probable cause to arrest appellant for violating Penal Code section 148; which in relevant part provides that “[e]very person who wilfully resists, delays, or obstructs any public officer, in the discharge or attempt to discharge any duty of his office,...” is guilty of a misdemeanor. (Italics added.) We…