Chicago, IL asked in Criminal Law for Indiana

Q: Can someone get arrested for resisting arrest if they are not commiting a crime?

The defendant was told he was not being arrested or detained that the officer just wanted to speak to him. The officer asked for the knife on his belt and the defendant said he'd like to keep it since he was not being arrested or detained and was not on probation and had no wants or warrants. The officer said ok you have that right. At that time a second officer came up behind the defendant and grabbed his arm and put it behind his back as he was saying he was taking the knife for their safety. At this point they say he tried to pull away and did a leg sweep bashing his head off the concrete and saying stop resisting. All the while the defendant was not resisting and was even saying he was not resisting. The officers then took his coat out of a vehicle he had never been in without a warrant or the vehicle owners permission.

Related Topics:
2 Lawyer Answers
Andrew L. Bennett
Andrew L. Bennett
PREMIUM
Answered
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: It sounds like there is a lot going on and to accurately answer the questions, to get all the details, he needs to consult with a criminal defense attorney sooner than later.

1 user found this answer helpful

Paul Stanko
Paul Stanko
PREMIUM
Answered
  • Criminal Law Lawyer
  • Plymouth, IN
  • Licensed in Indiana

A: "Officer safety" is often used as an excuse for excessive force. For resisting to be a legitimate charge, the police officer must be reasonably engaged in his official duties. If he engages in excessive force, then resisting that unreasonable force (in a reasonable way) would not be a crime. A question such as this is extremely fact sensitive. Hopefully there was a video record of the encounter.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.