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What is evading arrest?

What is Evading Arrest?

Evading arrest is a criminal offense that refers to the act of trying to avoid or disobey a lawful arrest. When a person is instructed by a law enforcement officer to stop or surrender, evading arrest involves doing everything possible to avoid capturing, including fleeing, fleeing with reckless disregard for traffic safety, or attempting to disarm or assault the law enforcement officer.

Constitutional Right to Life and Liberty

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The right to life and liberty is a fundamental right guaranteed by the United States Constitution. Article VI of the Constitution emphasizes the importance of this right by stating that "Congress shall make no law…that shall abridge the privileges or immunities of citizens of the United States, nor shall any person…be deprived of life, liberty, or the pursuit of happiness without due process of law." These protections ensure that individuals enjoy life and liberty without infringement upon their constitutional rights.

What Constitutes Evading Arrest?

Evading arrest can take several forms, including:

  • Fleeing from an arrest
  • Failing to stop for a peace officer
  • Failing to yield to a lawful traffic stop
  • Deducing a peace officer who is attempting to perform his or her duties

Types of Evading Arrest Offenses:

Type of Evading ArrestExample
Felony Evading ArrestFleeing a police officer in high speed, resulting in risk to human life
Misdemeanor Evading ArrestResisting arrest by fleeing the police officer, but no physical harm or risk
Reckless Driving While Fleeing a Peace OfficerRacing, speeding, or violating traffic laws while attempting to avoid arrest

Lawful Arrest vs. Arrest-Resisting

Arrest-resisting is distinguished from lawful arrest. While lawful arrest requires a peace officer’s proper authority and compliance with procedure, arrest-resisting involves opposition or obstruction to the authorized seizure of a person suspected of a crime. Individuals cannot resist arrest by arguing their innocence or disputing the authority of the police, as the law holds the officer’s judgment sufficient.

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