101 Ill. App. 2d 44 - People v. Royer’s Empirical Analysis

Citation profile

18 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To sustain the charge of resisting arrest under section 31 — 1 of the Criminal Code, the prosecution must show, among other things, that the defendant knowingly resisted the performance by one known to him to be a peace officer of an authorized act within his official capacity. (People v. Gasparas, 98 IllApp2d 391, 240 NE2d 716 .) We conclude that the prosecution has failed to prove * * * that Officer Kelly had reasonable grounds to believe that the defendant, Royer, was committing or had committed an offense. # # 6 Bare suspicion will not justify an officer in making an arrest. People v. Peak, 29 Ill2d 343, 194 NE2d 322 . # # e Section 7 — 7 of the Criminal Code is meant to be a limitation on the right to invoke the affirmative defense of justification provided in other provisions of Article 7 authorizing the use of force by an individual in resisting arrest by one known to be a peace officer or by a private person summoned and directed by a peace officer to make the arrest even if one believes the arrest to be unlawful and the arrest, in fact, is unlawful. Appellee admits that the record does not disclose whether the arrest was lawful or unlawful and that this court may assume for the purpose of its decision that the arrest was, in fact, unlawful. Appellee further states that the defendant knew the individual making the arrest was a police officer, therefore by virtue of section 7 — 7 of the Criminal Code the defendant was forbade from resisting the arrest. Further they sa”

   2 later decisions quote this exact passage
   e.g. 5 Ill. App. 3d 468 - People v. Shinn · 16 Ill. App. 3d 13 - People v. Ortiz