State v. Branch

WYNN, Judge.

Although “every person has the right to resist an unlawful arrest[,]” that right is limited to the use of “such force as reasonably appears to be necessary to prevent the unlawful restraint of his liberty.” 1 Because we find that attempting to flee in a motor vehicle while a police officer is holding onto that vehicle constituted unreasonable force to prevent an unlawful restraint of liberty, we affirm the trial court’s denial of Defendant’s motion to suppress evidence. Regarding the sentence imposed, however, we must remand because the trial court failed to make a finding that it…