585 Pa. 469
889 A.2d 42
Decided December 12, 2005
Supreme Court of Pennsylvania · decided 2005-12-12
Cited by 2 later decisions — most recently May 2007
2 state decisions
Key passage — most relied on by later courts
“Where a defendant’s assault on a police officer occurs as the result of the officer’s attempt to unlawfully arrest him, whether that assault may give rise to a lawful arrest, the resistance of which will support a charge of resisting arrest under 18 Pa.C.S. § 5104.”
quoted by 1 later decision, including Commonwealth v. Jackson
Good law ✅— No negative treatment on recordhow we know
Decided 2005-12-12
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¶2 AND NOW, this 12th day of December, 2005, the Petition for Allowance of Appeal is hereby GRANTED, limited to the following issue:
Where a defendant’s assault on a police officer occurs as the result of the officer’s attempt to unlawfully arrest him, whether that assault may give rise to a lawful arrest, the resistance of which will support a charge of resisting arrest under 18 Pa.C.S. § 5104.