Resisting or Obstruction a Peace Officer, Firefighter or Correctional Institution Employee
A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his official capacity commits a misdemeanor. 720 ILCS 5/31-1(a-7)
Interesting Point: Although a defendant cannot physically resist an arrest, he or she may inquire about the reason for the arrest, point out the officer’s mistakes, and verbally protest the arrest. City of Joliet v. Schmidt, 35 Ill. App. 3d 978, 989 N.E.2d 40, 42 (3d Dist. 1980)—Merely arguing with a police officer bout the alleged illegitimacy of the arrest is not grounds for arresting the defendant for resisting arrest.
Lesser Included Offenses: A defendant may not claim that resisting or obstructing a police officer is a lesser included offense of other serious crimes against the officer.
A person obstructs justice when, with intent it prevent the apprehension or obstruct the prosecution or defense of any person, he knowingly commits any of the following acts:
- Destroys, alters, conceals or disguises physical evidence, plants false evidence furnished false information; or
- Induces a witness having knowledge material to the subject at issue to leave the State or conceal himself; or
- Possessing knowledge material to the subject at issue, he leaves the State or conceals himself. 720 ILCS 5/31-4(a-c)
Interesting point: A defendant may obstruct justice by concealing physical evidence of a crime. People v. Morgan, 169 Ill. App. 3d 368, 371, 523 N.E.2d 560, 561-62 (4th Dist. 1988)