Legal Definitions - resisting unlawful arrest

Resisting unlawful arrest refers to the act of opposing a law enforcement officer who is attempting to take someone into custody without proper legal justification.

While an arrest might be legally invalid or improper (for example, if an officer lacks probable cause or a valid warrant), the act of resisting that arrest can still be a separate criminal offense in many places. Most legal systems prioritize public safety and the orderly process of law enforcement. Therefore, even if an individual believes an officer is making an arrest without a valid reason, they are generally expected to comply with the officer's commands and challenge the legality of the arrest later through the court system. Using force to resist, even an unlawful arrest, is typically prohibited once the individual knows they are being arrested by a police officer.

However, a smaller number of jurisdictions maintain a historical common law right allowing individuals to use non-deadly force to prevent an arrest they genuinely believe to be unlawful.

Here are some examples illustrating this concept:

• Example 1: Mistaken Identity and Physical Resistance

  A person is walking home when police officers, acting on a faulty tip, mistakenly identify them as a suspect in a minor theft. The officers attempt to place the person in handcuffs. Knowing they are innocent and have committed no crime, the person physically struggles, trying to pull their arms away and refusing to be cuffed.

  How it illustrates the term: In most jurisdictions, even though the arrest might be unlawful due to mistaken identity and lack of probable cause, the act of physically struggling against the officers would be considered "resisting unlawful arrest." The expectation is that the individual should submit to the arrest and challenge its legality in court later, rather than resisting physically at the scene.

• Example 2: Unlawful Arrest for a Minor Infraction in a Specific Jurisdiction

  An individual is cited for littering, a minor infraction that, according to local city ordinances, should only result in a ticket, not an arrest. Despite this, the officer attempts to arrest the person and take them into custody. The individual gently pushes the officer's hands away and firmly states, "You cannot arrest me for littering; that's not allowed by city law."

  How it illustrates the term: In a jurisdiction that allows the use of non-deadly force to resist an unlawful arrest, this specific scenario might not lead to a charge of "resisting unlawful arrest." If the arrest was indeed unlawful according to local statutes and the force used was minimal and non-deadly, the individual might be legally protected in their resistance. This highlights the difference in legal approaches between jurisdictions.

• Example 3: Arrest Without Stated Cause and Attempted Flight

  A person is sitting peacefully on a public bench. A police officer approaches, states, "You're under arrest," but provides no reason, has no warrant, and there is no apparent crime being committed. Confused and alarmed, the person immediately stands up and attempts to run away from the officer.

  How it illustrates the term: The arrest in this scenario is clearly unlawful due to the complete lack of probable cause or stated reason. However, in the majority of jurisdictions, attempting to flee from a known police officer making an arrest, even an unlawful one, would still be considered "resisting unlawful arrest." The legal principle generally requires submission to the officer's authority at the moment of arrest, with legal challenges to follow in court.