Legal Opinion
Melson v. Municipality of Anchorage
Court of Appeals of Alaska
Decided December 13, 2002No. A-8149PublishedCited by 3 opinions
1Opinion of the Court
OPINION
MANNHEIMER, Judge.
In previous decisions, the Alaska Supreme Court and this Court have held that a person is not authorized to use force to resist police officers who are making an unlawful arrest (unless the officers use excessive force when making the arrest). We now hold that this same rule applies when police officers use force to detain a person during an investigative stop.
Underlying facts
At 8:00 a.m. on June 17, 2001, Anchorage police officers attempted to question Joshua Melson about an assault that had allegedly occurred in his apartment building around 2:00 a.m. that same…
2Cases cited26 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Payton v. New YorkSupreme Court of the United States · 1980
- United States v. SantanaSupreme Court of the United States · 1976
- United States v. Saundra PrescottCourt of Appeals for the Ninth Circuit · 1978
- United States v. Donald P. RohrigCourt of Appeals for the Sixth Circuit · 1996
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3Cited by3 opinions
- State v. CrawleySupreme Court of New Jersey · 2006
- Il Seung Yang v. StateCourt of Appeals of Alaska · 2005
- State v. CrawleySupreme Court of New Jersey · 2006