California Appeals Court Holds That A School Security Officer Is Not A “Public Officer” In Juvenile Criminal Case

A campus security officer at a California high school received a report of vandalism and pursued a group of students he suspected were involved in the vandalism. While pursing the group of students the security officer yelled for a particular student, M, to stop. The security guard yelled to M by name to stop many times but M continued to flee. When M was encountered by an actual school police officer he immediately complied. M was charged in Juvenile Delinquency court with a misdemeanor violation of Penal Code 148(a)(1), obstructing or delaying a peace officer, and the petition was sustained in the juvenile court, which is the functional equivalent of being found guilty of the charge.

M appealed the decision of the Juvenile Court and argued that the security guard was not “public officer” for purposes of the charge of willfully resisting, delaying, or obstructing a peace officer in violation of Penal Code 148(1)(1). The appellate court agreed with M that the security guard was not a “public officer” and overturned the decision of the lower court. Since M immediately submitted to the “real” public officer immediately he was found not to have violated the law with regard to his interactions with the security guard and the school police officer.

Juvenile Criminal law in California is very different in many ways from adult criminal law. If your child is facing criminal charges in California it is important to hire a law firm that is familiar with the unique procedures in juvenile criminal court. Nothing is more important than the safety and freedom of your child. Please don’t hesitate to contact the experienced and aggressive juvenile criminal attorneys at the law firm of Wallin & Klarich. We’ll be there when you call.

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