Skip to main content

Is it considered resisting arrest if the officer never tells you that you are being arrested?

Bernville, PA |

Cooperation was given but when it was time to get searched... the subject ran. Cop had all information but turned around and charged the subject with resisting arrest.

Attorney Answers 2


To answer your question I would need more information; like what was said prior to the suspect running from the police , did you/suspect have an outstanding warrant, what was the reason the officer wanted to stop you, did the officer charge you with anything else, \etc.

If you run from the police and they are still investigating a potential crime they can catch you and arrest you without say you are under arrest. It would be evident by the fact that they are chasing you that you are going to be arrested.

However, that does not mean that the charge is valid or would stick. Therefore, you should hire lawyer to handle your case and advise your properly on what needs to be done for the charge to be dropped, assuming it can be dropped.

Attorney Michael Kotik, Esq.
Two Penn Center (Philadelphia)
1500 John F. Kennedy Blvd., Suite 220
Philadelphia, PA 19102
(215) 564-1010 (Direct Line)
(267) 265-4553 (Cell Phone)

Answers are not of fact, but rather the opinion of the attorney answering the questions asked. At no time does this answer create an attorney-client relationship. To the extent that these answers may become available to the general public there is no confidentiality as it pertains to this answer or question. The law changes frequently, and the material on this website is for general information purposes only and neither constitutes nor is intended to be legal advice. Prior to acting based upon this general information you SHOULD seek legal counsel regarding your specific legal matter. The outcome of every case is dependent on the specific facts and legal circumstances of each individual case. This website is not an offer to represent you, which can only be made after a consultation with one of the attorneys from Kotik, P.C. The Lawyer answering this question does not intend to practice in any other jurisdictions where it is not licensed. Attorney is Licensed in Pennsylvania and New Jersey. The firm does not seek to represent anyone viewing this website in other jurisdictions, and the website may not comply with the laws and ethical rules of states other than Pennsylvania and New Jersey. If you have any questions please contact my office at 215-564-1010. Law Office of Michael Kotik, P.C., | | 1500 John F. Kennedy Blvd., Suite 220. Philadelphia, Pennsylvania, 19102

Mark as helpful

2 lawyers agree


§ 5104. Resisting arrest or other law enforcement.
A person commits a misdemeanor of the second degree if, with
the intent of preventing a public servant from effecting a
lawful arrest or discharging any other duty, the person creates
a substantial risk of bodily injury to the public servant or
anyone else, or employs means justifying or requiring
substantial force to overcome the resistance.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. This answer is provided for informational purposes only. This answer does not constitute legal advice and it does not create an attorney/client relationship. More importantly, the information contained in this answer should not be relied on. You should consult an attorney who practices in the relevant area of the relevant jurisdiction.

Mark as helpful

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics