Definition of Resisting Arrest in Oklahoma
It’s a misdemeanor to knowingly resists, by the use of force or violence, a law enforcement officer in the performance of his or her duties. To be found guilty of this crime, there must be some act of aggression by the defendant from which one can reasonably infer forcible resistance to, or interference with, an officer. The main difficulty found in the interpretation of this law has to do with the right to resist an unlawful arrest. Under Oklahoma law, a law enforcement officer is authorized to arrest without a warrant in several circumstances. These include when:
- a misdemeanor is committed or attempted in the officer’s presence,
- the officer has probable cause to believe that a person under the influence of alcohol or an intoxicating substance was driving or in actual physical control of a motor vehicle involved in an accident,
- an officer has probable cause to believe a person has committed an act of domestic violence within the past four hours, or
- an officer is acting on a violation of a protective order.
If a peace officer lacks authority to arrest a person without an arrest warrant and attempts to do so, the officer is a trespasser, and the person sought to be arrested may resist. A person may use only reasonable force in resisting an unlawful arrest.
An arrest for a misdemeanor, without a warrant, where the arresting officer has probable cause, based on information coming to the officer’s senses or the officer’s personal observation at the time, to believe that a misdemeanor or other public offense is being committed in his or her presence by the arrestee, is not unlawful, even though arrestee is subsequently found innocent of the charges. If an officer’s mistake is honest and reasonable, the arrest is lawful. However, that mere suspicion or subterfuge doesn’t justify a warrantless misdemeanor arrest and that information supplied by a third person doesn’t suffice.
A defendant can’t be charged with both with resisting an officer and with assault and battery upon a police officer for the same conduct by the defendant, occurring during the same transaction.
Noteworthy Cases
In Gille v. State, the defendant was charged with the misdemeanors of speeding, failure to display a current inspection sticker, and resisting arrest after being stopped by police in The Village, Oklahoma, for driving 35 mph in a 25 mph zone without a rear license plate or valid inspection sticker. When approached by the officer, Gille handcuffed himself to the steering wheel, locked his doors to prevent his arrest, struggled hard enough with the arresting officer to bend the handcuff key, and it took all three officers to remove the appellant from his car and subdue him. The Oklahoma Court of Criminal Appeals found that sufficient evidence was introduced by the State to prove a prima facie case of resisting arrest.
In Custer v. State, the defendant was pursued for several minutes by police cars employing red lights and sirens. During that time, he bumped the rear of one police car, ran a road block striking another police car, and when the officers in that vehicle joined the pursuit, he made several attempts to swerve into it, and finally succeeded, causing the driver to lose control and go off the roadway. When the he was finally stopped, he refused to exit his pickup, was pulled from it, flailing his arms and struggling with officers as they attempted to handcuff him. The Oklahoma Court of Criminal Appeals held that Custer forcibly resisted his immediate arrest, and therefore the evidence was sufficient to support the conviction.
In Hayes v. State, the defendant was convicted of resisting an executive officer during an attempted arrest for a curfew violation. Hayes appealed, arguing that the arrest was unlawful and that the State failed to prove the lawfulness of the curfew ordinance, which was necessary to justify the arrest. The Oklahoma Court of Criminal Appeals agreed, noting that the ordinance was not entered into the record as required and courts cannot take judicial notice of municipal ordinances. The case was dismissed.
Punishment For Resisting Arrest in Oklahoma
This crime is a misdemeanor. The maximum punishment in the county jail is one year. The maximum fine is $500.
Source: 21 O.S. § 268
Current as of April 5, 2025.