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Fleeing on Foot Laws

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  • LeanG
    replied
    Resisting officer without violence to his or her person.

    843.02 Resisting officer without violence to his or her person.--Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    Conviction of a misdemeanor of the first degree: imprisonment not exceeding 1 year, fine not to exceed $1000

    Hope this helps.

    Leave a comment:


  • zap
    replied
    You are absolutely correct Bing. I think those DO apply.

    However, you mentioned Cop Kryptonite....prosecutors. (at least that is what they call some of them in the papers)

    We normally do a DC at one department...and only resulting charges at the other....unless they REALLY **** me off enough to take a talking to from the chief in which case they get everything I can think of

    No go on the FtC. I know one department will say no friggin way in hell...its says clearly that you are regulating or controlling "TRAFFIC". The other department would likely say that is too iffy and just to do the DC.
    Last edited by zap; 05-03-2007, 07:22 PM.

    Leave a comment:


  • Bing_Oh
    replied
    Even better, Zap...how daring is your prosecutor?

    2921.331 Failure to comply with order or signal of police officer.
    (A) No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control, or regulate traffic.
    Note that, nowhere in the law does it say that the offender has to be operating a motor vehicle... Misdemeanor of the First Degree. That's the difference between the letter of the law and the spirit of the law!

    Leave a comment:


  • Bing_Oh
    replied
    Gotta do better than THAT, Zap! I can made DOC stick on an old lady for breathing her oxygen too loud!

    2921.33 Resisting arrest.
    (A) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another.

    (B) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person and, during the course of or as a result of the resistance or interference, cause physical harm to a law enforcement officer.

    (C) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person if either of the following applies:

    (1) The offender, during the course of or as a result of the resistance or interference, recklessly causes physical harm to a law enforcement officer by means of a deadly weapon;

    (2) The offender, during the course of the resistance or interference, brandishes a deadly weapon.

    (D) Whoever violates this section is guilty of resisting arrest. A violation of division (A) of this section is a misdemeanor of the second degree. A violation of division (B) of this section is a misdemeanor of the first degree. A violation of division (C) of this section is a felony of the fourth degree.
    2921.31 Obstructing official business.
    (A) No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance by a public official of any authorized act within the public official’s official capacity, shall do any act that hampers or impedes a public official in the performance of the public official’s lawful duties.

    (B) Whoever violates this section is guilty of obstructing official business. Except as otherwise provided in this division, obstructing official business is a misdemeanor of the second degree. If a violation of this section creates a risk of physical harm to any person, obstructing official business is a felony of the fifth degree.
    No paltry Minor Misdemeanors or M4's for a runner. Oh, no! I'm at least getting an M2 out of that...

    Leave a comment:


  • zap
    replied
    2917.11 Disorderly conduct.
    (A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:

    (1)...(4)

    (5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.



    (E)(1) Whoever violates this section is guilty of disorderly conduct.

    (2) Except as otherwise provided in division (E)(3) of this section, disorderly conduct is a minor misdemeanor.

    (3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:

    (a) The offender persists in disorderly conduct after reasonable warning or request to desist.

    (b) The offense is committed in the vicinity of a school or in a school safety zone.

    (c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.

    (d) The offense is committed in the presence of any emergency facility person who is engaged in the person’s duties in an emergency facility.

    Leave a comment:


  • SgtScott31
    replied
    In Tennessee there are two laws that could possibly apply:

    1) Resist stop, halt, frisk - this is where the person is not yet under arrest, but an officer wants to interview them (based on reasonable suspicion) and they decide to run.

    2) Evading arrest - reasonable person would know they are under arrest and decides to flee on foot. Evading on foot is a misdemeanor, in a vehicle is a felony.

    Leave a comment:


  • M4fulltime
    replied
    "Force" is not considered running away from an arrest. I am looking for laws that deliver consequences to those that run.



    Originally posted by M4fulltime View Post
    Currently the State of Alaska does not have any laws that deliver consequences to suspects that flee on foot. The state only has laws against fleeing in a vehicle. I am curious if other states have laws where a suspect is charged with an additional crime if he runs on foot. If so, I am trying to get some idea's on the law is worded and what the consequences are when they caught.

    Leave a comment:


  • jakflak
    replied
    Originally posted by M4fulltime View Post
    jakflak:

    Jakflak you are right that someone has to use force in order to be charged with resisting/interfering with an arrest. But, you cannot charge someone with resisting unless at at some point during the arrest unless you have physical control on the suspect and they get away. Physical control is not just being able to grab a shirt sleeve but grabbing a arm, leg, ect. This was the result of state case law (Alaska State Trooper Paul Randall) If the guy pushed me and ran, I would charge him with assault on a P.O.

    I like the Texas law and am curious how other states word it. That is exactly what I am looking for.
    "A person commits the crime of resisting or interfering with arrest if, knowing that a peace officer is making an arrest, with the intent of preventing the officer from making the arrest, the person resists personal arrest or interferes with the arrest of another by

    (1) force;

    (2) committing any degree of criminal mischief; or

    (3) any means that creates a substantial risk of physical injury to any person"

    You just have to tell them they're under arrest. If they use any force after that, it's resisting.

    Leave a comment:


  • JSD73
    replied
    Originally posted by M4fulltime View Post
    Currently the State of Alaska does not have any laws that deliver consequences to suspects that flee on foot. The state only has laws against fleeing in a vehicle. I am curious if other states have laws where a suspect is charged with an additional crime if he runs on foot. If so, I am trying to get some idea's on the law is worded and what the consequences are when they caught.
    Well where I come from, "fleeing on foot" is called evading arrest or detention.

    Leave a comment:


  • beachcop05
    replied
    IN CA they would be charged with delaying/obstructing/interfering with an officer's investigation, which is misdemeanor.

    Leave a comment:


  • M4fulltime
    replied
    jakflak:

    Jakflak you are right that someone has to use force in order to be charged with resisting/interfering with an arrest. But, you cannot charge someone with resisting unless at at some point during the arrest unless you have physical control on the suspect and they get away. Physical control is not just being able to grab a shirt sleeve but grabbing a arm, leg, ect. This was the result of state case law (Alaska State Trooper Paul Randall) If the guy pushed me and ran, I would charge him with assault on a P.O.

    I like the Texas law and am curious how other states word it. That is exactly what I am looking for.

    Leave a comment:


  • TX Heat
    replied
    In Texas it's a Class A misdemenaor to flee an officer on foot. That generally states a person can't evade an officer who is trying to arrest them or lawfully detain them.
    Up to 1 year in jail and/or $2000 fine. It's under the Evading Arrest statute.

    Leave a comment:


  • just joe
    replied
    Obstructing Official Business and Resisting Arrest work fine where I am at.

    Leave a comment:


  • jakflak
    replied
    However, in Alaska all they have to do in order to get resisting is 'use force'. Force is pretty loosely defined, and it doesn't even have to rise to the level of assault.

    If the guy gives me a slight shove to give himself a boost while running away, it's resisting arrest. If it hurt, it's resisting arrest and assault.

    Leave a comment:


  • Sabre
    replied
    Michigan's Resisting and Obstructing law applies. The wording of the law makes it a felony for any person to commit "a knowing failure to comply with a lawful command."

    It's pretty open. I my county, they run, you say "Police! Don't move!", they keep going, that equals obstructing. The county to the north of me, they fight, you struggle, you win, too bad. No charge unless you need medical attention.

    MCL 750.81d: http://www.legislature.mi.gov/(S(ugh...%20Obstructing

    Leave a comment:

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