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Resisting arrest

Resisting arrest is a legal term describing the act of intentionally preventing a law enforcement officer from taking an individual into custody. This crime specifically occurs during confrontations where officers are attempting to arrest someone for a different charge or for questioning. Importantly, resisting arrest is distinct from any underlying offense for which an individual may be arrested. Individuals can be charged with this crime even if the original arrest was unlawful or if the underlying charges are later dismissed. Police officers do not need a warrant to detain someone in a public space, and they are allowed to use reasonable force to accomplish the arrest. If a person physically resists or injures an officer during this process, they may face more severe charges, such as aggravated assault. Understanding the nuances of resisting arrest can be essential for individuals navigating their rights and responsibilities during police encounters.

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SIGNIFICANCE: The statutory crime of resisting arrest is unusual in that it can occur only during confrontations between suspects and police officers attempting to make arrests on other charges.

Resisting arrest is a statutory crime of seeking to prevent an officer from taking a person into custody. A person may be taken into custody for the purpose of an arrest or a brief questioning. A police officer need not obtain an arrest warrant or a warrant to detain a defendant in a public place. Police officers may arrest a person for misdemeanors committed in their presence or if such misdemeanors qualify as a breach of the peace. Probable cause is the legal standard for arresting a defendant. Resisting arrest is a separate crime from the underlying offense.

Even if the underlying offense proves to be without cause or the arrest is illegal, a defendant may be liable for the separate offense of resisting arrest. A police officer has the authority to conduct a warrantless search of vehicles provided there is probable cause that a crime was committed. A person preventing a police officer from detaining the defendant or seized property may be charged with the crime of resisting arrest. A person who injures a police officer in the course of resisting arrest may be charged with more serious offenses such as aggravated assault or attempted murder. A police officer is permitted to use reasonable force in detaining a criminal suspect.




Bibliography

Loewy, Arnold H., and Arthur B. LaFrance. Criminal Procedure: Arrest and Investigation. Cincinnati: Anderson Publishing, 1996.

Quick, Bruce D. Law of Arrest, Search, and Seizure: An Examination of the Fourth, Fifth, and Sixth Amendments to the United States Constitution. Rev. ed. Bismarck, N.Dak.: Attorney General’s Office, Criminal Justice Training and Statistics Division, 1987.

"Race and 'Resisting Arrest' Charges." WNYC, project.wnyc.org/resisting-race/. Accessed 17 Oct. 2025.

Shakur, Omavi. "The Criminalization of Black Resistance to Capture and Policing." Boston University Law Review, vol. 1, 2023. DOI: 10.2139/ssrn.4343082. Accessed 17 Oct. 2025.


Full Article

SIGNIFICANCE: The statutory crime of resisting arrest is unusual in that it can occur only during confrontations between suspects and police officers attempting to make arrests on other charges.

Resisting arrest is a statutory crime of seeking to prevent an officer from taking a person into custody. A person may be taken into custody for the purpose of an arrest or a brief questioning. A police officer need not obtain an arrest warrant or a warrant to detain a defendant in a public place. Police officers may arrest a person for misdemeanors committed in their presence or if such misdemeanors qualify as a breach of the peace. Probable cause is the legal standard for arresting a defendant. Resisting arrest is a separate crime from the underlying offense.

Even if the underlying offense proves to be without cause or the arrest is illegal, a defendant may be liable for the separate offense of resisting arrest. A police officer has the authority to conduct a warrantless search of vehicles provided there is probable cause that a crime was committed. A person preventing a police officer from detaining the defendant or seized property may be charged with the crime of resisting arrest. A person who injures a police officer in the course of resisting arrest may be charged with more serious offenses such as aggravated assault or attempted murder. A police officer is permitted to use reasonable force in detaining a criminal suspect.




Bibliography

Loewy, Arnold H., and Arthur B. LaFrance. Criminal Procedure: Arrest and Investigation. Cincinnati: Anderson Publishing, 1996.

Quick, Bruce D. Law of Arrest, Search, and Seizure: An Examination of the Fourth, Fifth, and Sixth Amendments to the United States Constitution. Rev. ed. Bismarck, N.Dak.: Attorney General’s Office, Criminal Justice Training and Statistics Division, 1987.

"Race and 'Resisting Arrest' Charges." WNYC, project.wnyc.org/resisting-race/. Accessed 17 Oct. 2025.

Shakur, Omavi. "The Criminalization of Black Resistance to Capture and Policing." Boston University Law Review, vol. 1, 2023. DOI: 10.2139/ssrn.4343082. Accessed 17 Oct. 2025.


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