False Arrest - Resisting Unlawful Arrest

In many cases, individuals will realize that they are the target of false arrest and attempt to resist or flee. This is known as resisting unlawful arrest, and is a justification for such resistance where it would otherwise be a crime (i.e. resisting arrest, flight to avoid prosecution, assault, or even murder). Justification for such action is often hard to prove in court, and only justified in certain circumstances. Simple mistake of fact situations would generally not warrant attempting to elude law enforcement. However, there are some that would, such as:

• the person making the arrest never identifying themselves, causing the defendant to believe they are the target of kidnapping or robbery.
• the reasonable belief that the person making the arrest is an impersonator with the intent of victimizing the defendant.
• the reasonable belief that the defendant would be the victim of police brutality if taken into custody by that individual.

Many courts generally will not condone violence used in resisting an unlawful arrest, or "deadly force," unless it's proven the police began to use violence upon the defendant.