Commonwealth v. Miller

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that resisting arrest requires the creation of substantial risk, not that an offender show “aggressive use of force such as striking or kicking of the officer”
• noting that resisting arrest requires the creation of substantial risk, not that an offender show “aggressive use of force such as striking or kicking of the officer”
• holding that defendant had resisted arrest when during the course of his lawful arrest he struggled and flailed his arms to prevent being handcuffed and stiffened his body in a manner which required the use of physical force to effectuate the arrest.
• finding sufficient evidence to support a resisting arrest conviction where officers only intended to issue a citation to defendant, but defendant resisted a lawful stop
• fleeing from police alone is not resisting arrest, flight must expose officers to substantial danger
• finding sufficient evidence to support a resisting arrest conviction where officers only intended to issue a citation to the defendant, but the defendant forcefully resisted the detention

Source: CourtListener parenthetical corpus (CC0).

Cited by

10 cases in this archive cite this case.

• Commonwealth v. Finnecy
  Superior Court of Pennsylvania· 2016-02-18· cited 103×
• Commonwealth v. Soto
  Superior Court of Pennsylvania· 2018-12-28· cited 60×
• Schemberg v. Smicherko
  Superior Court of Pennsylvania· 2014-02-11· cited 58×
• United States v. Stinson
  Third Circuit· 2010-01-14· cited 54×
• Commonwealth v. Sanders
  Supreme Court of Pennsylvania· 1985-02-15· cited 40×
• Commonwealth v. Grant
  Massachusetts Appeals Court· 2008-02-13· cited 32×
• Commonwealth v. Mathews
  Supreme Court of Pennsylvania· 1985-11-08· cited 21×
• Commonwealth v. Davis
  Superior Court of Pennsylvania· 1992-09-11· cited 8×
• Commonwealth v. Trego
  Cumberland County Court of Common Pleas· 1984-10-12· cited 1×
• Commonwealth v. Crosby, J., Aplt.
  Supreme Court of Pennsylvania· 2025-01-22

Cites

9 cases in this archive are cited by this case.

• Commonwealth v. Contakos
  Supreme Court of Pennsylvania· 1981-02-04· cited 39×
• Commonwealth v. Miller
  Supreme Court of Pennsylvania· 1982-08-27· cited 32×
• Commonwealth v. Rainey
  Superior Court of Pennsylvania· 1981-03-06· cited 31×
• Commonwealth v. Stortecky
  Superior Court of Pennsylvania· 1975-12-22· cited 24×
• Commonwealth v. Eberhardt
  Superior Court of Pennsylvania· 1982-06-25· cited 20×
• Commonwealth v. Franklin
  Superior Court of Pennsylvania· 1977-06-29· cited 17×
• Commonwealth v. Leatherbury
  Supreme Court of Pennsylvania· 1983-12-23· cited 12×
• Commonwealth v. Frank
  Supreme Court of Pennsylvania· 1983-12-16· cited 9×
• Commonwealth v. Alford
  Supreme Court of Pennsylvania· 1983-11-18· cited 5×