Legal Opinion

State v. Barker

Court of Appeals of Arizona

Decided April 21, 2011No. 1 CA-CR 09-0700PublishedCited by 1 opinion

1Opinion of the Court

OPINION

DOWNIE, Judge.

¶ 1 William Charles Barker appeals his conviction for resisting arrest. We affirm the conviction and hold that a police officer need not announce that a person is under arrest in order to “effect an arrest” within the meaning of Arizona’s resisting arrest statute.

FACTS AND PROCEDURAL HISTORY 1

¶ 2 Officer Miller came upon Barker and a woman arguing loudly in the roadway. Barker told Officer Miller he got into an argument with the woman and threw a pair of sunglasses at her. Officer Miller detected alcohol on Barker’s breath. The officer believed he had probable cause to…

2Cases cited8 opinions

  1. California v. Hodari D.Supreme Court of the United States · 1991
  2. State v. WomackCourt of Appeals of Arizona · 1992
  3. United States v. Irving Jones, Michael Burnett, Howard Krantz and Steven BrownCourt of Appeals for the Second Circuit · 1997
  4. State v. MitchellCourt of Appeals of Arizona · 2003
  5. State v. WilliamsSupreme Court of South Carolina · 1960

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3Cited by1 opinion

  1. Neal Andrew Peters v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2020

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