Latest News About Can You Resist An Unlawful Arrest

Updated 2026-04-17 04:04

Here’s what’s known about resisting unlawful arrest, based on current publicly available information.

Illustrative example

What you can do now

If you’d like, I can tailor this to a specific jurisdiction (e.g., Switzerland, a particular cantonal police practice, or a U.S. state) and summarize the relevant local rules and recent notable cases. Also, I can look for recent news updates in your area if you want.

Sources

What Are Your Rights During...

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www.lavinelawfirm.com

Right to Resist an Illegal Arrest? Nope!

The law on resisting arrest is illogical on two fronts: First, the whole reason courts have gotten rid of it – you can sue – is false. No, you can’t sue. Those officers have immunity from suit. Courts also point to the right to a speedy trial. That right is meaningless. There are people sitting in county jails everywhere who can’t make bail, were arrested a year, or even two years, or even three years ago, and still haven’t gone to trial. Second, it is not a cognitive rational decision to...

hccla.org

The Right to Resist Unlawful Arrest in an Era of Aggressive Policing

Abstract Police today are relying on more aggressive tactics in their efforts to fight crime. A common complaint regarding these tactics is that innocent persons are sometimes subjected to unlawful arrest. At common law, there was a right to resist an illegal arrest; the modern trend has been to eliminate the right to resist. Abrogation of the common law right is based on several factors, including the development of modern criminal procedure, the ability to seek redress via other means, and...

www.ojp.gov