2005 Connecticut Code - Sec. 53a-23. Use of physical force to resist arrest not justified.

      Sec. 53a-23. Use of physical force to resist arrest not justified. A person is not justified in using physical force to resist an arrest by a reasonably identifiable peace officer, whether such arrest is legal or illegal.

      (1969, P.A. 828, S. 22; 1971, P.A. 871, S. 9.)

      History: 1971 act deleted definition of peace officer, but see Sec. 53a-3.

      See Sec. 53a-3 for applicable definitions.

      Cited. 170 C. 99. A defendant is entitled to a theory of defense instruction as a matter of law when evidence under this section is before jury. 178 C. 704, 708. Cited. 191 C. 433, 440. Cited. 204 C. 240, 250. Cited. 209 C. 75, 93, 94. Cited. 221 C. 788, 796, 803, 805. Trial court's instructions pertaining to statute virtually eliminated state's burden of proving that the police officers were acting in the performance of their duties and had effect of depriving defendant of a defense to the charges against him, in violation of his due process rights. 261 C. 553.

      Cited. 1 CA 709, 715, 717-722. Cited. 5 CA 616, 620. Cited. 8 CA 153, 155. Cited. Id., 667, 670, 671. Cited. 21 CA 326, 330. Cited. 23 CA 615, 617. Cited. 24 CA 195, 210. Cited. Id., 473, 481; judgment reversed in part, see 221 C. 788 et seq. Cited. 27 CA 49, 58. Cited. 40 CA 601, 609, 610. Cited. 45 CA 390. Under this section, illegality of an arrest is not a defense to charges under. Sec. 53a-167c. Statute was intended to require an arrestee to submit to an arrest, even though he believes, and may ultimately establish, that the arrest was without probable cause or was otherwise unlawful. It was not intended to require an arrestee to submit to egregiously unlawful conduct-such as an unprovoked assault-by the police in the course of an arrest, whether the arrest was legal or illegal. 79 CA 667.

      Section restricts common-law right to resist illegal arrest; not applicable to prosecution under Sec. 53a-167a; unnecessary to decide whether this section creates exception to Sec. 53a-20 or common-law right to defend premises. 34 CS 531, 546, 547. Cited. 38 CS 364, 368; Id., 400-402.

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