Under New York law, non-deadly force to resist an unlawful arrest is permitted when which condition occurs?

• A. The arrestee is unarmed
• B. The arrest is for a felony
• C. The police use excessive force
• D. The arrestee flees

Answer: (C)

In New York, a private person may use non-deadly force to resist an unlawful arrest when the officer’s conduct in making the arrest is excessive. The key idea is that resistance with non-deadly force is allowed only if the arrest is unlawful because the officer uses more force than necessary to effect the arrest. When the arrest is lawful and the force used by the officer is reasonable, resisting with force can lead to criminal liability for resisting arrest.

So the condition that permits non-deadly resistance to an unlawful arrest is that the police are using excessive force in trying to effect the arrest. The other scenarios listed—whether the arrestee is unarmed, the arrest is for a felony, the police use excessive force is present regardless of legality, or the arrestee flees—do not by themselves establish that permissive resistance applies.