GA 3.08.10 Arrest; Right to Resist Unlawful Force in Making Legal Arrest (Note: The following charge should relate to charges arising out of the arrest itself for example, assault, escape, etc)

GA 3.08.10 Arrest; Right to Resist Unlawful Force in Making Legal Arrest (Note: The following charge should relate to charges arising out of the arrest itself for example, assault, escape, etc)

State: Georgia

 

GEORGIA CRIMINAL JURY INSTRUCTIONS (G.C.J.I. 2003)

GA  3.08.10 Arrest; Right to Resist Unlawful Force in Making Legal Arrest (Note: The following charge should relate to charges arising out of the arrest itself for example, assault, escape, etc)

A police officer, in making a lawful arrest, is authorized to use only that degree of force that is reasonably necessary to accomplish the arrest. The mere fact that a lawful arrest is being made does not give the officer the right to use excessive force or an unlawful degree of force upon the person being arrested.

A person being arrested, even though the arrest itself is lawful, has the right to resist the use of excessive and unlawful force by those making the arrest to the extent that the person reasonably believes that the degree of resistance used is necessary to defend against the officer’s use of unlawful or excessive force. In resisting, the person being arrested would not be authorized to use force that is unlawful or disproportionate to the amount of force necessary to prevent the unlawful force being used against the person.

 

Webb v. State, 159 Ga. App. 403 (1981)

By | 2013-01-14T17:59:55+00:00 January 14th, 2013|Comments Off on GA 3.08.10 Arrest; Right to Resist Unlawful Force in Making Legal Arrest (Note: The following charge should relate to charges arising out of the arrest itself for example, assault, escape, etc)