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Questions and Answers
According to OPD policy, what constitutes Resisting Arrest?
According to OPD policy, what constitutes Resisting Arrest?
- Fleeing from an officer without physical resistance.
- Intentionally preventing a police officer from affecting an arrest. (correct)
- Questioning the legal basis of an arrest.
- Verbally disagreeing with an officer's decision to arrest.
What is the key differentiating factor between Resisting Arrest and Assault on an Officer, according to OPD policy?
What is the key differentiating factor between Resisting Arrest and Assault on an Officer, according to OPD policy?
- Whether or not serious bodily injury was intentionally inflicted on the officer. (correct)
- The suspect's prior criminal record.
- The level of force used by the officer during the arrest.
- The location where the incident occurred.
An individual is being arrested for shoplifting. As the officer attempts to handcuff them, the individual tenses their arms and pulls away, making it difficult for the officer to secure the cuffs. No further injury occurs. Based solely on the provided policy, what would this most likely be classified as?
An individual is being arrested for shoplifting. As the officer attempts to handcuff them, the individual tenses their arms and pulls away, making it difficult for the officer to secure the cuffs. No further injury occurs. Based solely on the provided policy, what would this most likely be classified as?
- Aggravated Assault on a Law Enforcement Officer
- Resisting Arrest (correct)
- Obstructing Justice
- Simple Assault
During an arrest, a suspect, in an attempt to flee, shoves an officer. The officer loses balance and fractures their wrist and hits their head on the pavement, resulting in a concussion. If it can be proven the suspect knew this action would cause serious bodily injury, what would the suspect most likely be charged with, according to OPD policy?
During an arrest, a suspect, in an attempt to flee, shoves an officer. The officer loses balance and fractures their wrist and hits their head on the pavement, resulting in a concussion. If it can be proven the suspect knew this action would cause serious bodily injury, what would the suspect most likely be charged with, according to OPD policy?
A bystander observes an arrest they believe is unlawful. They step forward, yelling, and attempt to physically pull the suspect away from the officer, succeeding momentarily before being subdued. Critically analyzing the legal nuances and assuming the initial arrest is later deemed lawful, under which charges could the bystander potentially be held liable, according to a strict interpretation of the OPD policy, and what is the most crucial element determining this liability?
A bystander observes an arrest they believe is unlawful. They step forward, yelling, and attempt to physically pull the suspect away from the officer, succeeding momentarily before being subdued. Critically analyzing the legal nuances and assuming the initial arrest is later deemed lawful, under which charges could the bystander potentially be held liable, according to a strict interpretation of the OPD policy, and what is the most crucial element determining this liability?
Flashcards
What is Resisting Arrest?
What is Resisting Arrest?
Intentionally preventing or attempting to prevent a police officer from arresting a suspect.
What is "Under Color of Official Authority?"
What is "Under Color of Official Authority?"
Person acts under the claim of legal right.
What is Assault on an Officer?
What is Assault on an Officer?
Intentionally or knowingly causes serious bodily injury to a police officer.
What are the classifications?
What are the classifications?
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What law covers resisting arrest?
What law covers resisting arrest?
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Study Notes
- Omaha Police Department (OPD) policy states that anyone who intentionally prevents or tries to prevent a police officer acting under their official authority from arresting a suspect is charged with Resisting Arrest.
- Intentionally or knowingly causing serious bodily injury to a police officer results in an "Assault On An Officer" charge.
Elements of Resisting Arrest (NRS §28-904)
- Intentionally preventing or attempting to prevent an officer acting under the color of their official authority from affecting an arrest constitutes resisting arrest.
- This includes:
- Using or threatening physical force or violence against an officer or another.
- Using any means creating a substantial risk of causing physical injury to the officer or another.
- Employing means requiring substantial force to overcome resistance to affecting the arrest.
- An affirmative defense exists if the officer was out of uniform and did not identify themselves with credentials.
Classification of Resisting Arrest
- A first offense is a Class I Misdemeanor.
- A second or subsequent offense is a Class IIIA Felony.
- Resisting Arrest through the use of a deadly or dangerous weapon is a Class IIIA felony.
Elements of Assault on an Officer
- First Degree Assault on an Officer (NRS §28-929):
- Intentionally or knowingly causing serious bodily harm to an officer while they are performing their official duties.
- First Degree Assault on an Officer is a Class ID Felony.
- Second Degree Assault on an Officer (NRS §28-930):
- Intentionally or knowingly causing bodily injury with a dangerous instrument to an officer while they are performing their official duties.
- Second Degree Assault on an Officer is a Class II Felony.
- Third Degree Assault on an Officer (NRS §28-931):
- Intentionally, knowingly, or recklessly causing bodily injury to an officer while they are performing their official duties.
- Third Degree Assault on an Officer is a Class IIIA Felony.
Reporting Procedures
- Officers must complete all applicable reports.
- Officers must complete an Incident Report (OPD Form 189), listing the assaulted officer as the victim.
- If a booking report is completed, the offense or charge of assaulting an officer should be listed on the report.
- Officers will complete a Chief's Report (OPD Form 214) when appropriate for incidents reported on a Chief's Report.
- Photographs will be taken of both the officer and the suspect involved in an assault incident.
- If the “victim type” on an incident report is marked as “law enforcement officer” and an associated offense or charge of assaulting an officer exists, the National Incident-Based Reporting System (NIBRS) submission to the Nebraska Crime Commission will provide the information previously provided in the LEOKA forms, which is then provided to the FBI.
- The RMS will retain statistics and information on all offenses or charges of assaulting an officer.
- All cases will be submitted to the County Attorney's office for review or filing of formal charges.
Laws Referenced
- Nebraska Revised Statutes §28-904, 28-929, 28-930, and 28-931.
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Description
Omaha Police Department policy defines Resisting Arrest as intentionally preventing an officer from arresting a suspect. Assault on an Officer involves intentionally causing serious bodily injury to an officer. Resisting arrest can include using force or creating risk of injury.
