Tennessee § 39-16-602 - Resisting stop, frisk, halt, arrest or search — Prevention or obstruction of service of legal writ or process.

§ 39-16-602. Resisting stop, frisk, halt, arrest or search — Prevention or obstruction of service of legal writ or process.

It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer's presence and at the officer's direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another. Except as provided in § 39-11-611, it is no defense to prosecution under this section that the stop, frisk, halt, arrest or search was unlawful. It is an offense for a person to intentionally prevent or obstruct an officer of the state or any other person known to be a civil process server in serving, or attempting to serve or execute, any legal writ or process. A violation of this section is a Class B misdemeanor unless the defendant uses a deadly weapon to resist the stop, frisk, halt, arrest, search or process server, in which event the violation is a Class A misdemeanor. Acts 1989, ch. 591, § 1; 1991, ch. 307, § 1; 1999, ch. 178, § 1. Sentencing Commission Comments. This section is similar to prior code §§ 39-5-502 , 39-5-504 — 39-5-506 . Subsection (b) makes it clear that the offender cannot defend by proving that the law enforcement activity was unlawful. This rejects traditional authority, Poteete v. State, 68 Tenn. 261 (1878), but is consistent with the modern trend. Unlawful law enforcement activities should be remedied in court, see, e.g., § 39-16-403 . Subsection (c) makes it illegal to intentionally obstruct a process server in the performance of his or her duties. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Indictment without prosecutor, § 40-13-104 . Penalties for Class A and B misdemeanors, § 40-35-111 . Law Reviews. The Tennessee Law of Arrest (Rollin M. Perkins and Edward C. Rand), 2 Vand. L. Rev. 509 (1949). Attorney General Opinions. An individual who intentionally but passively refuses to obey a law enforcement officer's reasonable, lawful command does not commit the offense of resisting arrest because force is a necessary element of the offense, OAG 00-147 (9/26/00). Corporate criminal responsibility under T.C.A. § 39-16-602(c) . OAG 10-23, 2010 Tenn. AG LEXIS 18 (3/1/10).