# Eluding/Resisting Arrest



## Guest (Apr 10, 2006)

I have two questions. Are there resisting arrest and eluding statues in massachusetts? 

For example, on routine patrol you observe a male trespassing. You turn in on him and he bolts. The footchase is on, and after crossing a public way, it becomes a groundfight. 

What would you charge the individual with in this situation. For this scenario, I'm talking about a savage who you want to hammer. What else would you charge besides trespassing, A&B p.o., and maybe disorderly conduct for disturbing traffic flow as he crossed the street. 

Are there eluding and resisting arrest charges you could also pin him on, and if so, which MGL would correspond to it.

Thanks


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## speccop (Nov 21, 2005)

Yep, Ch. 268, Sec. 32B: Resisting Arrest.

CHAPTER 268. CRIMES AGAINST PUBLIC JUSTICE 


Chapter 268: Section 32B. Resisting arrest 


Section 32B. (a) A person commits the crime of resisting arrest if he knowingly prevents or attempts to prevent a police officer, acting under color of his official authority, from effecting an arrest of the actor or another, by: 

(1) using or threatening to use physical force or violence against the police officer or another; or 

(2) using any other means which creates a substantial risk of causing bodily injury to such police officer or another. 

(b) It shall not be a defense to a prosecution under this section that the police officer was attempting to make an arrest which was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A police officer acts under the color of his official authority when, in the regular course of assigned duties, he is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him. 

(c) The term “police officer” as used in this section shall mean a police officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such police officer while attempting such arrest. 

(d) Whoever violates this section shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or a fine of not more than five hundred dollars, or both.


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## speccop (Nov 21, 2005)

Unregistered said:


> For example, on routine patrol you observe a male trespassing. You turn in on him and he bolts. The footchase is on, and after crossing a public way, it becomes a groundfight.


In this scenario, is this someone you know to be trespassing or someone you suspect may be a trespasser and wish to FIO for the purpose of determining their purpose for being on said property?

If it's not someone you know to be a trespasser and they just take off running without you making contact with them (verbally or by presence) then you really have no right to stop them. Case law dictates this...wish I had my CrimPro text around to site the case...

Now if this person performs some sort of act which raises you level of suspision and you wish to perform an FIO and/or Terry Stop on them and you pull up and say, "Hey buddy, come here for a second.", and the guy takes off in an all out sprint, then the chase is on. But if the dude takes off running before I even get the chance to appear from the shadows, then I wouldn't even bother...

And of course, if it's someone I know doesn't belong there and has been trespassed in the past, then yup, the silver bracelets come out.


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## Guest (Apr 10, 2006)

speccop said:


> In this scenario, is this someone you know to be trespassing or someone you suspect may be a trespasser and wish to FIO for the purpose of determining their purpose for being on said property?
> 
> If it's not someone you know to be a trespasser and they just take off running without you making contact with them (verbally or by presence) then you really have no right to stop them. Case law dictates this...wish I had my CrimPro text around to site the case...
> 
> ...


You're probably thinking of Comm v Thibeau that gets into the whole "the stop begins where the pursuit starts" thing. There was also another one from a few years back, Comm v Stout that talks about making people run for the simple purpose of giving rise to reasonable suspicion. A nice thought....

But you're right - unless we have the reason to stop the guy in the first place, then we aren't charging him with anything.


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## speccop (Nov 21, 2005)

Yeah, I think it was Stout that popped into my mind. I'll check my old textbook when I get home...I don't bother keeping them in my patrol bag anymore - too much extra weight!


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## MVS (Jul 2, 2003)

Remember the key point, even if the arrest is _unlawful_, they CANNOT resist.

And remember, the pursuit always ends with a good clean wood shampoo :lol:


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## Guest (Apr 10, 2006)

Being that the resisting statue requires "using any other means which creates a substantial risk of causing bodily injury to such police officer," I'm assuming you would be unable to charge this if he gave up and proned out after lets say 100 yards. 

Is there anything else you could hammer him with? And for the purpose of this case, the area he was caught trespassing in was closed to everyone, so you have your reasonable suspicion, if not probable cause for the arrest.


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## MVS (Jul 2, 2003)

Negative. He bolted, he gets charged. That's like robbing a bank then running outside and ditching the money and saying "sorry, just kidding!".


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