Q: In order to be charged with resisting arrest, wouldn’t you need to be under arrested and not detained?
Basically you get pulled over, and refuse to exit the vehicle until they called a Sargent, get ripped out of the vehicle then let go with a traffic ticket. Then 2 weeks later get picked up on a warrant for resisting arrest? Is that possible?
A:
The criminal offense includes more than simply an arrest. The statute reads:
"A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another."
"It is no defense to prosecution under this section that the arrest or search was unlawful."
There is a separate criminal offense for refusing to comply with a LEO's lawful order:
"A person may not wilfully fail or refuse to comply with a lawful order or direction of a police officer."
Depending upon the facts and circumstances of your situation, you may only be guilty of the latter.
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