A.R. v. State

Appellant argues that his motion for judgment of dismissal on the charge of resisting an officer without violence should have been granted. We agree, because the arresting officers’ bare assertion that they were “investigating a possible crime” did not establish reasonable suspicion or probable cause to detain appellant. Thus, the state failed to establish that the officers were acting in the execution of a legal process or duty — an essential element of resisting without violence. We therefore reverse and remand with instructions to discharge appellant.

Appellant was charged by juvenile…