People v. Curtis

450 P.2d 33 (1969)

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Nature of the Case

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Facts

D was arrested on the night of July 9, 1966, by Lt. Riley. Riley was investigating a report of a prowler and had received a cursory description of the suspect as a male Negro, about six feet tall, wearing a white shirt and tan trousers. Riley observed D, who matched the foregoing general description, walking along the street. Riley pulled up next to D and called to him to stop; D complied. The officer then emerged from his patrol car in full uniform and told D he was under arrest and would have to come along with him. Riley reached for the arm of D, and the latter attempted to back away. A violent struggle ensued, during which both men were injured, and D was finally subdued and taken into custody by several officers. D was acquitted of a charge of burglary but was convicted of battery upon a peace officer. D appealed. D contends that his arrest was unlawful due to a lack of probable cause and that it was accomplished by the use of excessive force, and therefore his resistance was justified.