Commonwealth v. Biagini
Supreme Court of Pennsylvania
655 A.2d 492 (1995)
Relevant factsFree
Officer Snyder attempted to arrest Biagini (defendant) for public intoxication and disorderly conduct after witnesses said Biagini had been shouting and threw a bottle; Biagini struggled with and punched Snyder before backup officers restrained him. Biagini was convicted of all charges, including resisting arrest, and the appellate court found the underlying arrest for disorderly conduct and public intoxication unlawful but affirmed the resisting-arrest conviction.
IssueFree
Whether an unlawful arrest that lacks probable cause provides a justification for physical resistance to the arrest.