Can I forcefully resist an arrest that’s carried out without probable cause?
In most situations, people under arrest have no right to use force to resist, even if the arresting police officer lacks probable cause. An improperly arrested person who resists arrest may be charged with resisting arrest, battery on a police officer, or another offense. 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.
For more on this issue, see Resisting Arrest: Laws, Penalties, and Defense and Resisting Arrest When Police Use Excessive Force.
by: Paul Bergman
Proof & Defenses in Criminal Cases
Getting a Lawyer for your Criminal Case
Steps in a Criminal Defense Case
Arraignment: Your First Court Appearance
Plea Bargains (Deals) in a Criminal Case
Legal Elements of Common Crimes
Expungement & Criminal Records
Should I just plead guilty and avoid a trial?
Is the public defender a real lawyer?
Can I change defense lawyers after I've hired one?
How long after arrest do I find out what the charges are?
Does it matter whether a suspect is given the Miranda warning?
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