Walk It Through: The Arrest That Turns Rough
An officer's grip, a pull away, force at an arrest, and what the law measures it by.
An officer takes hold of a person's arm to make an arrest on a warrant. The person pulls away hard.
Two things a person in this spot might do. Picking one shows what the law says about it.
One arrest on a warrant. Deadly force, a shooting, the civil suit itself and the criminal charges' outcome 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.
- Obstructing a peace officerObstructing, impairing or hindering a peace officer enforcing the law by violence, force, physical interference or an obstacle, a Class I misdemeanor.
- Operating a motor vehicle to avoid arrestFleeing in a vehicle to avoid arrest or a citation, a Class I misdemeanor, and a Class IV felony after a prior conviction or where the flight causes death or injury.
- Resisting arrestTrying to prevent a peace officer from making an arrest by using or threatening force or violence, by means creating a substantial risk of injury, or by resistance that takes substantial force to overcome.
- Deadly forceForce a person uses that is justifiable only where the person believes it necessary to protect against death, serious bodily harm, kidnapping, or sexual intercourse compelled by force or threat.