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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

Posted

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)

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Posted

§ 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.

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