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This is frankly quite a silly and obviously hypothetical question.

Could you be charged with disobeying a lawful order assuming you are already breaking that order? Realistically, if you are fleeing on foot from a police officer and the officer yells "Stop Running!" are you expected to obey that as a lawful order? Pertaining to that scenario, would you be charged with resisting arrest AND disobeying a lawful order? I realize this question obviously ludicrous, but is this just one of those legal anomalies?

Any insight would be greatly appreciated.

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2 Answers 2

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Yes

If you are fleeing, and an officer (let's assume lawfully) orders you to "stop" and you keep fleeing then you clearly have not stopped. Thus, you have disobeyed the order.

The only instance I can think of where this might be an argument for a courtroom is where an officer orders "don't start running" while you are already obviously running. I seriously doubt a fleeing suspect would ever be issued such an order

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Most states wouldn't call it resisting an order. They would call it fleeing or evading or fleeing and evading, you wouldn't get charged with both though.

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  • You do know there is recent Supreme Court case law on this don't you?
    – mark b
    Jun 11, 2019 at 18:14
  • Yes, but that has no bearing on the name of the law in most states right now.
    – Putvi
    Jun 11, 2019 at 18:29
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    No one is talking about deadly force here.
    – Putvi
    Jun 11, 2019 at 19:40
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    He asks if you are breaking the law by disobeying a command from an officer. I am telling him the law you would be breaking is fleeing or alluding or whatever term his state uses. Yes of course, you don't want to get shot, but I mean c'mon man you aren't going to get shot just for not stopping.
    – Putvi
    Jun 11, 2019 at 19:54
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    Look up Tenneessee vs. Garner, In 1974 officers Wright and Hymon spotted a 15 year old fleeing They knew he was unarmed. After Hymon ordered Garner to halt, Garner began to climb the fence. So Hymon shot him. The bullet struck Garner in the back of the head and he died shortly after.
    – mark b
    Jun 11, 2019 at 20:40

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