• 2008 - Preventing Arrest or Discharge of Other Duties (Defense)
  • K-13.10
    • Arrest
    • Defenses
    • Preventing Arrest
    • Public Crimes
    • Public Officer
  • It is a defense to a prosecution for Preventing Arrest or Discharge of Other Duties that the public servant was not acting lawfully. However, it is no defense that the Defendant mistakenly believed that the public servant was not acting lawfully.

     

    A public servant executing a warrant or other process in good faith and under color of law is deemed to be acting lawfully.


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    • 12.1-08-02(2)
    • Larson v. Baer, 418 NW2d 282, 287 (ND 1988)
    • State v. Barth, 2001 ND 201, 637 NW2d 369
    • State v. Barth, 2005 ND 134, 702 NW2d 1
  • Notes: