Resisting Arrest

In cases of resisting arrest, one of the things that the prosecutor always has to prove is that the law enforcement officers were engaged in the lawful execution of a legal duty and that the defendant’s actions amounted to obstruction or resistance of that lawful duty.

A police officer will sometimes call out to someone on the street, and that person will intentionally ignore the officer and walk away.  The officer, upset by the fact that the individual has ignored his call, then commands the person to stop whereupon he arrests that individual for resisting arrest without violence.

Such an arrest is unlawful because the officer had no legal right to command the person to stop simply because he walked away from the officer.  The officer was not engaged in the lawful execution of a legal duty.

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