Evading Arrest Under Tennessee Law
While evading arrest may garner you fifteen minutes of fame on some reality show somewhere, it will also probably guarantee that you get roughed up a little extra when you are caught and that you get an extra charge or two tacked on to the offense for which you were originally fleeing the authorities. Evading arrest in Tennessee is defined as follows:
(a) (1) Except as provided in subsection (b), it is unlawful for any person to intentionally flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person:(A) Knows the officer is attempting to arrest the person; or
(B) Has been arrested.
(2) It is a defense to prosecution under this subsection (a) that the attempted arrest was unlawful.
Notice that this statute has several requirements. Not only must the defendant know that the person from which they are fleeing is a law enforcement officer, but the defendant must also know that he or she is under arrest or that the officer is attempting to arrest them. Or, as subsection (b) states, an individual can also be charged under this statute if he or she knows that a law enforcement official has given them an indication that they should stop:
(b) (1) It is unlawful for any person, while operating a motor vehicle on any street, road, alley or highway in this state, to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from the officer to bring the vehicle to a stop.
Notice, however, that there is a defense to this section:
(2) It is a defense to prosecution under this subsection (b) that the attempted arrest was unlawful.
Thus, individuals looking to avoid an evading arrest conviction, which is a class A misdemeanor or a class D or E felony depending on the circumstances, should consult an experienced criminal defense attorney to explore all possible defenses, including the defense that the attempted arrest was unlawful. An arrest can be unlawful for a number of reasons, including situations where the individual attempting to arrest someone does not have the authority or sufficient probable cause to do so. East Tennesseans should consult a local criminal defense attorney serving Unicoi, Carter, Monroe, McMinn, Knox, Blount, Sevier, and all surrounding counties.
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