State v. Bolden

Defendant appeals his conviction for resisting arrest, 1 former ORS 162.315, contending that the trial court erred in denying his motion for judgment of acquittal. The single issue presented is whether “resisting arrest” may include resistance that occurs while an officer is bringing a defendant in for booking, or whether an arrest is such a discrete event that the resistance must occur at the precise moment one is placed “under arrest.” We conclude that the statute may encompass both kinds of resistance, and we affirm.

Responding to a report of a disturbance, Portland police officer Whisler…