Illinois Appellate Court
Criminal Court
resisting arrest
After an altercation at dance at NIU gymnasium, Defendant was convicted of resisting a peace officer and unlawful consumption of alcohol by a minor. Defendant had wedged himself between a uniformed NIU officer and a student whom officer asked to leave, and pushed into officer, and then broke away from another uniformed officer and knocked him down. Evidence was ample to find that officer then seized or arrested Defendant by restraining him, and that Defendant resisted by pushing and trying to break away from officers, and officers' use of greater force was in direct response to Defendant's actions. (SCHOSTOK, concurring; O'MALLEY, specially concurring.)