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STATE v. BRANCH

No. COA08-20.

669 S.E.2d 18 (2008)

STATE of North Carolina v. James McKinley BRANCH.

Court of Appeals of North Carolina.

December 2, 2008.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General Robert T. Hargett, for the State.

Appellate Defender Staples Hughes, by Assistant Appellate Defender Daniel Shatz, for defendant-appellant.

WYNN, Judge.

Although "every person has the right to resist an unlawful arrest[,]" that right is limited to the use of "such force as reasonably appears to be necessary to prevent the unlawful restraint of his liberty."1 Because we find that attempting to flee in a motor vehicle while a police officer is holding onto that vehicle constituted unreasonable force to prevent an unlawful restraint of liberty, we affirm the trial court's denial...

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