"Turtling" During Arrest Affirmed as Legal by Alaska Appeals Court
The case clarified that "mere non-submission does not qualify as 'force' for this offense," referring to Alaska's resisting arrest statute.
ANCHORAGE, Alaska – The Alaska Court of Appeals recently overturned an Anchorage man's conviction for resisting arrest, affirming that a tactic known as "turtling" — where an individual makes their body difficult to move — does not constitute resisting arrest under state law. This means that passively making it harder for police to complete an arrest, without using active force against them, is not considered resisting arrest in Alaska.
"Turtling" involves positioning one's body with arms and legs tucked underneath, making it more challenging for officers to apply handcuffs.
The appeals court, in a "memorandum opinion" (which reinforces existing legal precedent without creating new law), cited a 2007 ruling that established the legality of "turtling." That prior decision held that if an individual "turns turtle" and states they will not accompany police, this action does not amount to resisting arrest.
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