In re Gregory S

In In re Gregory S. (1980) 112 Cal.App.3d 764, a neighbor complained that appellant Gregory threw a mud ball at her, and Deputy Sheriff Flores approached the teenager in his front yard to investigate. (Id. at pp. 770-771.) The deputy told appellant he was investigating a complaint, wanted to talk to appellant, and asked appellant's name. (Id. at p. 771.) "Appellant responded that he did not have to talk to the officer and began to leave. The officer took appellant by the arm, whereupon appellant struggled and attempted to pull away. The officer advised appellant that he was under arrest for delaying and obstructing a public officer in the discharge of his duty. The struggle intensified and appellant started to swing at the officer." (Ibid.) The juvenile court found that appellant Gregory S. had resisted, delayed, or obstructed an officer in the discharge of his duties. (Id. at p. 770; Pen. Code, 148, subd. (a)(1).) The appellant in In re Gregory S. argued "that his response to the detention was a proper exercise of his constitutional right to remain silent; that the officer could not lawfully insist that he answer any question; and therefore appellant's conduct was not a violation" of Penal Code section 148. (Id. at p. 776.) The court assumed, for the sake of discussion, that a violation of Penal Code section 148 may not be premised on a refusal to answer questions. (Ibid.) But the court found that the detention did not end when appellant refused to talk to the officer, and thus appellant was not free to walk away. (Ibid.) "In detaining a person a police officer is not restricted to mere questioning but may conduct other limited investigation. The present case would have justified other reasonable procedures. For instance, the officer could have required appellant to wait briefly while he asked the complaining neighbor to confirm her identification." (Id. at pp. 776-777.)