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Commonwealth v. Hill

Supreme Court of Virginia

570 S.E.2d 805 (2002)

Relevant factsFree

Officer Fromme illegally stopped and attempted to frisk Hill (defendant) based only on an anonymous tip, and Hill resisted the frisk and struck the officer before being subdued by other officers who arrived; Hill was convicted of assault and battery of a law-enforcement officer, but the court of appeals reversed, holding he had a common-law right to resist the illegal detention with reasonable force, and the Commonwealth appealed.

IssueFree

Whether the common-law right to use reasonable force in resisting illegal arrest confers a similar right on a person resisting illegal detention.

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