Probable cause provides a law enforcement officer with the right to arrest an individual based upon the reasonable suspicion that the individual is committing or has committed a crime. The law enforcement officer must reasonably believe that a crime occurred or is occurring based upon the current facts and circumstances.
The Fourth Amendment of the United States Constitution gives law enforcement the right to legally arrest an individual based upon this knowledge and reasonable belief. A law enforcement officer is permitted to take a suspect into custody immediately following the commission of a crime or an investigation.
Can a Police Officer Arrest Me Just on a Hunch or a Suspicion?
No, a law enforcement officer cannot arrest an individual based solely on a hunch, suspicion, or gut feeling that they have committed a crime. As noted above, this type of arrest would violate the individual’s Fourth Amendment rights.
What is Reasonable Suspicion?
Reasonable suspicion is the justifiable belief, based upon the specific facts and circumstances of the situation that an individual was involved in criminal activity. It is important to note that reasonable suspicion is different from probable cause.
Probable cause is the reasonable belief that the individual has committed, or will commit a crime or other type of violation. In general, probable cause requires more than a mere suspicion that an individual committed the crime. It requires a belief which is based upon some type of factual evidence.
Is Probable Cause Needed to Detain Someone?
No, probable cause is not required for a law enforcement officer to detain an individual. Detainment occurs when a suspect is kept in law enforcement custody for a short period of time.
A law enforcement officer is permitted to:
- Keep a suspect in custody;
- Conduct a pat down;
- Check for weapons;
- Look inside a vehicle, with certain exceptions.
A law enforcement officer may utilize the time during which the individual is detained to determine whether or not to formally arrest them.
What is Resisting Arrest?
Resisting arrest occurs when an individual interferes with a law enforcement officer’s attempt to perform a lawful arrest. In some states, this crime is called obstruction.
Resisting arrest is typically defined as conduct ranging from not following the law enforcement officer’s directions to the use of any amount of physical force to prevent a law enforcement from:
- Arresting the individual;
- Handcuffing the individual; or
- Taking the individual to jail.
Resisting arrest is usually charged as a misdemeanor crime. Therefore, if an individual has charges against them already, if they resist arrest, they may face an additional charge.
In most states, an individual is not permitted to resist an arrest, even if it is unlawful. The best practice is to peacefully comply with the law enforcement officer. If an individual believes they were the victim of a false arrest or another form of police misconduct, they should obtain the services of an attorney and file a complaint.
If an individual attempts to resist arrest and uses physical force, the charge of resisting arrest may be increased to assaulting a law enforcement officer. Assaulting a law enforcement officer is a felony.
Because resisting arrest commonly involves some type of physical struggle with a law enforcement officer, there is a high probability that the misdemeanor resisting arrest charge may turn into a felony assaulting a law enforcement officer charge.
How Does the Prosecution Prove a Resisting Arrest Charge?
In order to convict an individual of resisting arrest, the prosecution must provide certain evidence and convince the jury that they have proven each element of the offense beyond a reasonable doubt.
Although the specific elements may vary by state, the prosecution must typically show that:
- The defendant intentionally resisted a law enforcement officer;
- The defendant acted violently or threatened the officer; and
- The law enforcement officer was lawfully discharging their official duties and properly conducting official duties.
The amount of resistance which the prosecution must show occurred must be sufficient to prove some type of physical violence or force by the defendant at the time of the arrest. This violence or force must have interfered or obstructed the law enforcement officer from being able to carry out their official duties.
What Are the Defenses to a Resisting Arrest Charge?
There may be defenses available to an individual, or defendant, who is charged with resisting arrest. The requirements to prove each defense may vary by state.
Self-defense may be an available defense. Under this defense, the defendant may attempt to show that the law enforcement officer acted violently and used excessive force, requiring the defendant to defend against the excessive force that was being used.
Another possible defense is that the arrest was unlawful. The defendant may claim that the original arrest was not authorized by law.
Are Resisting Arrest and Obstructing a Public Officer Similar Charges in Nevada?
No, resisting arrest and obstructing a police officer are not similar charges in the State of Nevada. The charge of obstructing a public officer in Nevada includes:
- Hindering or delaying a public officer during their work duties;
- Refusing to make a statement to a public officer; or
- Making a misleading statement to a public officer.
A public officer in Nevada includes public government employees such as law enforcement officers and judges.
What Does it Mean to Willfully Hinder, Obstruct, or Delay a Public Officer?
To willfully hinder, obstruct, or delay a public officer means that an individual intentionally and purposely attempts to stop the law enforcement officer from completing their lawful duties. For example, an individual attempting to hinder a public investigation to assist a loved one may be accused of willful obstruction.
What if I Simply Refused to Make a Statement to a Public Officer?
If an individual refuses to make a statement, such as refusing to provide their name to the law enforcement officer, is considered breaking the law. A refusal to provide information which the officer needs and is legally entitled to obtain prohibits that public officer from being able to carry out their duties.
Why Am I Being Accused of Obstruction When I Only Made a Misleading Statement?
An individual may be charged with obstruction for giving misleading or false information. This is due to the fact that the false information may hinder the law enforcement officer from performing their duties.
What is the Punishment for Obstructing a Public Officer in Nevada?
As noted above, obstructing a public officer is a misdemeanor in Nevada. If an individual is convicted of this crime, they may face punishment including:
- Six months in county jail;
- A $1,000 criminal fine; or
- Both a criminal fine and jail time.
Do I Need the Help of an Attorney?
It is essential to have the assistance of a Nevada criminal attorney if you are facing charges of obstructing a public officer in Nevada. Having an attorney on your case may mean the difference between freedom and spending six months behind bars.
Your attorney will advise you of your rights and well as explain the Nevada laws which apply to your case. Your attorney will also represent you during any required court appearances.
If you are charged with obstructing a public officer, it is important to contact an attorney as soon as possible. Your attorney may be able to negotiate a reduction in charges, a plea bargain, or have the charges dismissed altogether.
