Resisting arrest
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Resisting arrest is a term used to describe a criminal charge against an individual who has committed, depending on the jurisdiction, at least one of the following acts:
- fleeing a police officer while being arrested
- threatening a police officer with physical violence while being arrested
- physically struggling to get out from being restrained (handcuffed or put into the police vehicle)
- attacking a police officer while being arrested
- providing an officer with false identification (either verbally or by presentation of a false official document, i.e. a fake ID)
The website Resisting Arrest[1] states that not all arrests are lawful and based upon probable cause. However, an attempt at resisting arrest can lead to additional charges. It is also possible that an overzealous police officer might try to justify the use of excessive force by claiming that the person was resisting arrest.
Similar offenses may be defined very differently in other countries.[citation needed]
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[edit] United States
Resisting arrest is considered a separate charge or crime in addition to other presumed crimes committed by the person being arrested.
[edit] Denmark
The Danish penal code[2] makes allowance for some forms of eluding and thus is very different from the penal code in the United States.
[edit] Norway
Resisting arrest in Norway can be punished with up to 3 months in jail.[citation needed]
[edit] See also
[edit] References
- Example code from New Jersey
- Resisting Arrest - Risk and Realities
- Resisting Arrest - Legal Representation
- ^ http://www.resistingarrest.com/
- ^ RM 9-1994: Meddelelse om overtrædelse af straffelovens § 119, stk. 3., State prosecutor of Denmark
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