# Can "He ran from the cops" be brought up at trial? **URL:** \ **Category:** Factual Questions\ **Created:** [November 26, 2003, 11:08am UTC](https://boards.straightdope.com/t/can-he-ran-from-the-cops-be-brought-up-at-trial/215354 "2003-11-26T11:08:13Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![Ranchoth](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ranchoth/32/1066_2.png) [@Ranchoth](https://boards.straightdope.com/u/Ranchoth)\ **Post date:** [November 26, 2003, 11:08am UTC](https://boards.straightdope.com/t/can-he-ran-from-the-cops-be-brought-up-at-trial/215354/1 "2003-11-26T11:08:13Z")
An odd little legal question… In the U.S. judicial system, if the defendant was fleeing from the police when he was arrested, can that be noted during his trial? If not as “evidence of guilt,” I’d think that it _might_ be used by the prosecution to reflect on the defendant’s motives, or character, or something. So…any thoughts? ---
**Author:** ![Gest](https://avatars.discourse-cdn.com/v4/letter/g/9d8465/32.png) [@Gest](https://boards.straightdope.com/u/Gest)\ **Post date:** [November 26, 2003, 11:15am UTC](https://boards.straightdope.com/t/can-he-ran-from-the-cops-be-brought-up-at-trial/215354/2 "2003-11-26T11:15:13Z")
One would think it would have to be mentioned as the defendant would be charged with it. Felony evasion or something like that perhaps? ---
**Author:** ![Bromley](https://avatars.discourse-cdn.com/v4/letter/b/4da419/32.png) [@Bromley](https://boards.straightdope.com/u/Bromley)\ **Post date:** [November 26, 2003, 12:37pm UTC](https://boards.straightdope.com/t/can-he-ran-from-the-cops-be-brought-up-at-trial/215354/3 "2003-11-26T12:37:28Z")
How about resisting arrest? i.e. > [@](#): > > Three others arrested Saturday also were charged with resisting arrest for running away [Cite](http://idsnews.com/story.php?id=17559) ---
**Author:** ![lucwarm](https://avatars.discourse-cdn.com/v4/letter/l/e19adc/32.png) [@lucwarm](https://boards.straightdope.com/u/lucwarm)\ **Post date:** [November 26, 2003, 1:20pm UTC](https://boards.straightdope.com/t/can-he-ran-from-the-cops-be-brought-up-at-trial/215354/4 "2003-11-26T13:20:06Z")
Basically yeah. There’s something called a “flight charge.” The prosecutor can put in evidence that the defendant fled from the crime scene and have the judge instruct the jury that flight can be used as evidence of guilt: > [@](#): > > There has been some testimony in the case from which you may infer that the defendant fled shortly after the alleged commission of the crime. The defendant denies any flight, (or, the defendant denies that the acts constituted flight). The question of whether the defendant fled after the commission of the crime is another question of fact for your determination. Mere departure from a place where a crime has been committed does not constitute flight. If you find that the defendant, fearing that an accusation or arrest would be made against (him/her) on the charge involved in the indictment, took refuge in flight for the purpose of evading the accusation or arrest on that charge, then you may consider such flight in connection with all the other evidence in the case, as an indication or proof of consciousness of guilt. Flight may only be considered as evidence of consciousness of guilt if you should determine that the defendant’s purpose in leaving was to evade accusation or arrest for the offense charged in the indictment. [http://www.judiciary.state.nj.us/criminal/charges/non2c010.htm](http://www.judiciary.state.nj.us/criminal/charges/non2c010.htm) At least in 'Jersey, anyway. ---
**Author:** ![slipster](https://avatars.discourse-cdn.com/v4/letter/s/df705f/32.png) [@slipster](https://boards.straightdope.com/u/slipster)\ **Post date:** [November 27, 2003, 1:15am UTC](https://boards.straightdope.com/t/can-he-ran-from-the-cops-be-brought-up-at-trial/215354/5 "2003-11-27T01:15:46Z")
The general rule is that flight may be offered as circumstantial evidence suggesting guilt. Prosecutors sometimes like to quote scriptural passages relating to this to juries. There is, for instance, Proverbs 28-1: “The wicked flee when no man pursueth…” Defense attorneys often counter that their client could simply have had what is known as “black and white fever”; the not-uncommon nervousness which accompanies being around the police. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [November 28, 2003, 5:32pm UTC](https://boards.straightdope.com/t/can-he-ran-from-the-cops-be-brought-up-at-trial/215354/6 "2003-11-28T17:32:53Z")
[QUOTE] \*Originally posted by Ranchoth \* \*\*An odd little legal question… In the U.S. judicial system, if the defendant was fleeing from the police when he was arrested, can that be noted during his trial? Of course it can. However, if the only probable cause for detaining the subject was because he ran then it would get thrown out long before it got to trial. It may be used as part of the totallity of the circumstances. ] ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 28, 2003, 8:09pm UTC](https://boards.straightdope.com/t/can-he-ran-from-the-cops-be-brought-up-at-trial/215354/7 "2003-11-28T20:09:34Z")
**Loach** : The standard to briefly detain a suspect is not “probable cause,” but the _Terry v. Ohio_ standard of “reasonable, articulable suspicion.” Flight from officers can create a reasonable, articulable suspicion. Consistent with the decision in _Florida v. Royer_, a person, when approached by police, has the right to ignore their queries and go about his business. Headlong flight, according to the court, is the precise opposite of “going about one’s business.” While such flight does not itself prove criminal activity, the whole purpose of _Terry_ is to affirm the fact that police may detain people to resolve ambiguities in conduct. The explicit risk that officers may stop innocent people is accepted, with the caveat that if, during the brief, investigative stop, police do not learn facts rising to the level of probable cause, the detained person must be allowed to go about his business. - Rick ---
**Author:** ![Rick](https://avatars.discourse-cdn.com/v4/letter/r/9f8e36/32.png) [@Rick](https://boards.straightdope.com/u/Rick)\ **Post date:** [November 29, 2003, 2:37am UTC](https://boards.straightdope.com/t/can-he-ran-from-the-cops-be-brought-up-at-trial/215354/8 "2003-11-29T02:37:46Z")
I was on a jury in a murder trial. The killer had been ID at the scene and the police went to his apt building. He saw the cops and fled. He broke into an occupied apt and was then captured. All of this was brought up at trial including testomny of a very scared apt dweler. Before anyone asks, guilty 2nd degree