Can I resist an arrest that's carried out without probable cause?

Related Ads
Need Professional Help? Talk to a Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Question:

Can I forcefully resist an arrest that’s carried out without probable cause?

Answer:

People under arrest cannot use force to resist, even if the arrest is improper. Most courts have ruled that arrestees have no right to use force to resist an arrest, even if the arresting police officer clearly lacks probable cause. An improperly arrested person who resists arrest may be charged with resisting arrest or battery on a police officer. To protect arrestees and police officers alike, judges and legislators want issues of probable cause to be fought out in court after the fact, not on the streets.

LA-WS5:0.9.22.120522.13848+