Resisting unlawful arrest

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Resisting unlawful arrest is a possible justification for breaking the law. Defendants who use this defense are arguing that they should not be held liable for a crime, since the actions taken were intended to protect them from an unlawful arrest. Many courts will not tolerate any violence whatsoever (committed while resisting an unlawful arrest), and almost certainly not "deadly force," unless the police began to use violence before the defendant began to do so. In short, a defendant might be justified in running away from police attempting an unlawful arrest; but, almost certainly will not be considered justified in shooting police who attempt to do so (unless the defendant can somehow prove self-defense). Many states such as Illinois have clauses in the law to prevent any legal justification of a resisting unlawful arrest.

Texas Penal Code Chapter 9, Subchapter C, Section 9.31, Subsection C, states that:

(c) The use of force to resist an arrest or search is justified: (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary. (d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.