Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
On February 4, 2014, Chula Vista firefighter Jacob Gregoire was arrested by a California Highway Patrol officer at the scene of a roll over on Interstate 805. Curt Varone and FF Gregoire’s attorney, Dan Gilleon, discuss the arrest and the civil suit they have brought against the officer and CHP.
NOTE: Please allow time for the audio to load. It may take up to 5 minutes depending on connection speed. It may also be downloaded at iTunes.
As we pointed out in previous posts about police officers arresting firefighters at incident scenes, most states have laws that make it a criminal offense for anyone to interfere with firefighters in the performance of their duties.
California Penal Code 148.2 states as follows:
Every person who willfully commits any of the following acts at the burning of a building or at any other time and place where any fireman or firemen or emergency rescue personnel are discharging or attempting to discharge an official duty, is guilty of a misdemeanor:
- Resists or interferes with the lawful efforts of any fireman or firemen or emergency rescue personnel in the discharge or attempt to discharge an official duty.
- Disobeys the lawful orders of any fireman or public officer.
- Engages in any disorderly conduct which delays or prevents a fire from being timely extinguished.
- Forbids or prevents others from assisting in extinguishing a fire or exhorts another person, as to whom he has no legal right or obligation to protect or control, from assisting in extinguishing a fire.
California Penal Code 148.2 does not make an exception for members of the California Highway Patrol. “Every person”…. NO ONE IS ABOVE THE LAW!!!! Including members of the California Highway Patrol.
