§ 17-4. Resisting or interfering with arrest.  


Latest version.
  • (a)

    A person commits the crime of resisting or interfering with arrest or investigative stop or detention if, knowing that a law enforcement officer is making an arrest or investigative stop or detention, for the purpose of preventing the officer from effecting the arrest or investigative stop or detention, he:

    (1)

    Resists the arrest or investigative stop or detention of himself by using or threatening the use of violence or physical force or by fleeing from such officer; or

    (2)

    Interferes with the arrest or investigative stop or detention of another person by using or threatening the use of violence, physical force or physical interference.

    (b)

    This section applies to arrests or investigative stops or detentions with or without warrants and to arrests or investigative stops or detentions for any crime or ordinance violation.

    (c)

    A person is presumed to be fleeing a vehicle stop if he or she continues to operate a motor vehicle after he or she has seen or should have seen clearly visible emergency lights or has heard or should have heard an audible signal emanating from the law enforcement vehicle pursuing him or her.

    (d)

    It is no defense to prosecution under subsection (a) of this section that the law enforcement officer was acting unlawfully in making the arrest or investigative stop or detention. However, nothing in this section shall be construed to bar civil suits for unlawful arrest or investigative stop or detention.

(Ord. No. 17-03, § 1, 2-13-17)