Arkansas Code Annotated

Ark. Code Ann. § 5-2-612 (2026)

Use of physical force in resisting arrest

✓ current as of May 2026

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Whether the arrest is lawful or unlawful, a person may not use physical force to resist an arrest by a person who is known or reasonably appears to be a:

Law enforcement officer; or
Private citizen directed by a law enforcement officer to assist in effecting an arrest.

History. Acts 1975, No. 280, § 512; A.S.A. 1947, § 41-512.

Case Notes

Purpose.

This section is designed to ensure that law enforcement activities are conducted peacefully by discouraging violent responses to both legal and illegal arrests. Heslip v. Lobbs, 554 F. Supp. 694 (E.D. Ark. 1982).

Defenses.

This section does not deprive one of the defense of justification if a law enforcement officer uses excessive force in making an arrest; one may use such force as he reasonably believes necessary to defend against any unlawful force he reasonably believes a law enforcement officer is about to inflict upon him. Carter v. State, 9 Ark. App. 206, 657 S.W.2d 213 (1983).

The defense of justification will fail if interposed in a case involving resistance to a lawful or unlawful arrest, whether or not under warrant, so long as the person resisting knew or should have known the arrest was by a law enforcement officer or a person acting under his direction. Thompson v. State, 284 Ark. 403, 682 S.W.2d 742 (1985), overruled in part, McCoy v. State, 347 Ark. 913, 69 S.W.3d 430 (2002).

Instructions.

Where the jury could have found from the evidence that the defendant knew or reasonably should have known, that the man was a law enforcement officer, it was proper to instruct the jury that the defendant did not have the right to use force to resist arrest by a person who was known, or reasonably appeared, to be a law enforcement officer. Barnes v. State, 4 Ark. App. 84, 628 S.W.2d 334 (1982).

Refusal to give requested instruction for a charge under § 5-54-104, where there was evidence from which the jury might have found that the defendant reasonably believed the law enforcement officers were using, or about to use, excessive physical force upon a friend of his who lay handcuffed and bleeding on the ground, was ground for reversal. Lucas v. State, 5 Ark. App. 168, 634 S.W.2d 145 (1982).

Remedies for Arrestee.

While this section prohibits an arrestee from resorting to self-help remedies, such as resisting or fleeing an arresting officer, it does not foreclose legal remedies. Heslip v. Lobbs, 554 F. Supp. 694 (E.D. Ark. 1982).

Notes of Decisions

Cited in 4 cases, 1997–2020 · leading case: State v. Hobson, 577 N.W.2d 825 (Wis. 1998).

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State v. Hobson, 577 N.W.2d 825 (Wis. 1998). · cites it 2× “Stat. Ann. § 776.051 (1) (West 1992); Ill.”

Glenn v. State, 849 S.E.2d 409 (Ga. 2020). “§ 13-404 (b) (2); Ark. Code Ann. § 5-2-612 (1); Conn. Gen. Stat.”

State v. Valentine, 935 P.2d 1294 (Wash. 1997). “Code § 13A-3-28 (1994); Ark. Code Ann. § 5-2-612 (Michie 1993); Cal.”

State v. Valentine, 935 P.2d 1294 (Wash. 1997). “Code § 13A-3-28 (1994); Ark.Code Ann. § 5-2-612 (Michie 1993); Cal.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.