Walk It Through: The Takedown
Objectively reasonable force, deadly force in narrow cases, and resisting even an unlawful arrest.
An officer stops a delivery driver who matches the description in a robbery call, and the driver pulls away from the officer's grip.
Two things a person in this spot might do. Picking one shows what the law says about it.
One stop and one driver. Federal claims, immunities, and a civil suit for unlawful arrest are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- InfractionAn offense carrying a fine of up to four hundred dollars.
- ResistingUsing or threatening violence or physical force, or fleeing, to prevent an arrest, stop or detention one knows or reasonably should know is happening.
- Search warrantA warrant identifying what is to be searched for and the place to be searched in enough detail that the officer can readily tell what and whom, executed only by a peace officer.
- Objectively reasonableThe test for force in making an arrest: the amount used was objectively reasonable in light of the totality of the facts and circumstances confronting the officer, without regard to the officer's intent.