It is not wise to resist or evade arrest in Tennessee as it only adds to the potential consequences of the other attendant charges. TCA 39-16-602 applies to resisting arrest, search, halt, or frisk. The officer is going to proceed with the arrest if he finds probable cause and it is futile to add to your charges by protesting the arrest physically. Simply pulling away while attempting to apply hand cuffs can be deemed a resistance. There are remedies for a false arrest through a civil court action against the officer after you post bond and release and dismissal of the charges. In fact, the statute prescribes specifically that there is no defense to this charge even the arrest turns out to be unlawful after the fact. Obstructing an officer from serving civil papers such as a lawsuit upon another person can be deemed a violation of this statute. A violation of this section is a Class B misdemeanor unless the defendant uses a deadly weapon to resist the stop, frisk, halt, arrest, search or process server, in which event the violation is a Class A misdemeanor.
TCA 39-16-602 applies to evading arrest. It is a violation of this statute for a person knowingly and intentionally concealing themselves or running away from an officer attempting to effect an arrest or after an arrest. It is a defense to prosecution under this subsection (a) that the attempted arrest was unlawful. A violation of subsection (a) is a Class A misdemeanor. If you notice that an officer is signaling to you to pull over by oral or physical gesture or police car lights then you must pull over. Failure to do so intentionally and evading the stop is a violation of this statute as a class E felony and a minimum 30 day jail sentence or more. If the evasion and pursuit results in a risk of death or injury to innocent bystanders, pursuing law enforcement officers, or other third parties, a violation of this subsection (b) is a Class D felony and shall be punished by confinement for not less than sixty (60) days. In addition to the penalty prescribed in this subsection (b), the court shall order the suspension of the driver license of the person for a period of not less than six (6) months nor more than two (2) years. Any damage to property will require payment of restitution.
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