How does California law differentiate between active resistance and passive resistance?

The correct response highlights the essential distinction in California law between active resistance and passive resistance. Active resistance refers to overt physical actions taken by an individual to resist law enforcement, such as fleeing, grappling, or using force against an officer. This type of resistance is deemed more confrontational and poses an immediate challenge to law enforcement authority.

On the other hand, passive resistance consists of non-violent actions where an individual may refuse to comply with law enforcement instructions without taking physical action to obstruct them. This could include sitting down, going limp, or other behaviors that do not involve aggression. While it may still be considered a form of resistance, passive resistance does not escalate to the level of physical confrontation that active resistance does.

Understanding this differentiation is crucial because it impacts how law enforcement can approach each situation. Different response protocols and use of force options may apply depending on whether an individual is actively resisting or passively refusing to comply.