What Is “Resisting Arrest” in Tennessee? The Truth About Arguing vs. Physical Force

Introduction

You’re stopped by an officer on the street or on the side of the road. You know you haven’t done anything wrong, and the officer’s reason for detaining you makes no legal sense.

Frustrated, you speak up: “Why are you bothering me? I didn’t do anything! This stop is illegal!”

The officer steps toward you, grabs your wrist to put on handcuffs, and as you instinctively pull your arm back and keep talking, the officer yells: “Stop resisting! You’re under arrest for resisting arrest!”

Suddenly, what started as a simple disagreement turns into a criminal charge on your booking sheet.

Can you be arrested for resisting arrest simply for arguing, asking questions, or pulling your arm away? What does Tennessee law actually say about resisting an officer? Let’s break down the rules under Tennessee Code Annotated § 39-16-602.

The Short Answer

No—verbally disagreeing with an officer, arguing, or asking why you are being stopped is not legally resisting arrest in Tennessee.

Under Tennessee Code Annotated § 39-16-602, a person only commits the crime of Resisting Stop, Frisk, Halt, Arrest, or Search if they intentionally prevent or obstruct an officer by using physical force against that officer. However, pulling away, tensing your muscles, or physically struggling will routinely be treated by officers and prosecutors as “force.”

The Golden Rule

If an officer places hands on you to make an arrest—even if the arrest is 100% illegal—do not physically pull away, tense up, or fight back. Use this rule:

Comply physically, remain silent verbally, and let your defense attorney dismantle the unlawful arrest in a courtroom.

Say clearly for the bodycam:

“Officer, I am complying with your physical orders, but I am exercising my right to remain silent and I do not consent to this arrest or any search.”

The Big Shock: You CANNOT Physically Resist an Unlawful Arrest

One of the most dangerous myths circulating on social media is the idea that if an officer makes a “false arrest” or lacks probable cause, you have a constitutional right to physically fight them off.

In Tennessee, that is flatly wrong.

Under T.C.A. § 39-16-602(b), the law explicitly states: “It is no defense to prosecution under this section that the stop, frisk, halt, arrest or search was unlawful.”

Even if the officer had zero legal right to pull you over, zero reason to search you, and zero probable cause to arrest you, the moment you physically struggle or use force against that officer, you commit an independent criminal offense.

What Counts as “Force” in Tennessee?

Tennessee appellate courts have ruled that “resisting arrest” requires an element of force. Merely being passive, going limp, or using profanity does not technically fulfill the statute.

However, police officers interpret “force” very broadly on the street:

• Pulling your arms away: Jerking your wrists back when an officer tries to apply handcuffs.
• Tensing your muscles: Locking your elbows or refusing to bring your hands behind your back.
• Bracing against a car or door: Stiffening your body to prevent being placed into a patrol cruiser.
• Swatting an officer’s hands away: Making contact with an officer’s body or equipment.

While a defense attorney can argue in court that tensing your arms is not “force” under the statute, on the street it will instantly result in you getting tackled, tasered, and slapped with a Class B misdemeanor charge.

The “Contempt of Cop” Charge

In the legal defense community, resisting arrest is often referred to as a “cover charge.”

When an officer gets angry because a citizen knows their rights, asks tough questions, or refuses voluntary searches, the officer’s ego may get bruised. If the officer can’t find drugs or evidence of an actual crime, they often create a physical scuffle and charge the person with Resisting Arrest or Disorderly Conduct just to justify the stop.

What You Should Do If an Officer Tries to Arrest You

• Keep your hands open and relaxed: Allow the officer to place the handcuffs on you without tensing your arms or jerking away.
• Do not debate roadside: Anything you say while angry will be used by the officer in their incident report to paint you as “belligerent and aggressive.”
• Demand medical attention if injured: If the officer uses excessive force during the arrest, immediately request to be seen by EMS or taken to a hospital upon booking so injuries are documented in official medical records.

What NOT to Say

Avoid these common verbal traps during a physical detention:

• ❌ “You can’t touch me, I know my rights!”
• ❌ “Get your hands off me right now!”
• ❌ “I’m going to sue you and take your badge!”

These statements give the prosecution ammunition to argue you were combative and non-compliant.

Why This Matters

A resisting arrest charge can turn a minor misdemeanor citation or a dismissed traffic stop into an independent criminal conviction with up to 6 months in jail. But because bodycam and dashcam footage capture the exact physical interactions, an experienced defense attorney can review the video frame-by-frame. If the footage proves you never used physical force against the officer, that resisting charge can be defeated and dismissed.

About the Author

David G. Ridings is a Nashville criminal defense attorney, former police officer, and former prosecutor with nearly 40 years of experience in the Tennessee justice system. Known as “DrJudge,” he educates hundreds of thousands about their rights during police encounters.

Call to Action

If you were charged with resisting arrest, disorderly conduct, or assault on an officer in Tennessee:

👉 Don’t talk. Call 1-888-DRJUDGE