Also known as:avoid arrest · prevent arrest · evade arrest · evading arrest · evasion of arrest · flight from arrest
Written by attorneys · grounded in primary & secondary sources — see below
Assistance rendered to a known felon after completion of the crime in order to help the felon evade capture or legal process.
Sources & Authorities
How it applies
Common Examples
6
Hiding Stolen Tools After Theft
Omar learns that Leo has stolen tools from a construction site. Omar arranges resale of the tools and hides the paperwork to shield Leo from investigators. The conduct supplies knowing post-crime aid aimed at preventing Leo's detection and prosecution.
Flight from Burglary Scene
Omar learns that Ariana has burglarized a home and fled when officers arrived. Omar hides Ariana's discarded tools and gives her a change of clothes to help her avoid capture. The conduct supplies knowing post-crime aid aimed at preventing Ariana's detection and prosecution.
Select any source to read its text and confirm it supports the definition.
Common Law
Casebooks
Tennessee v. Garner471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985)
Refusal to Provide Identification
Omar learns that Anthony has been stopped under a loitering statute and refused to give identification. Omar coaches Anthony on a false identity story to help him avoid arrest. The conduct supplies knowing post-crime aid aimed at preventing Anthony's detection and prosecution.
Kolender v. Lawson461 U.S. 352, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983)
Gang Member Dispersal Order
Omar learns that Aisha remained after a dispersal order targeting known gang members. Omar drives Aisha away from the area and conceals her jacket to help her avoid arrest. The conduct supplies knowing post-crime aid aimed at preventing Aisha's detection and prosecution.
City of Chicago v. Morales527 U.S. 41, 119 S.Ct. 1849, 144 L.Ed.2d 67 (1999)
Resisting Excessive Force During Arrest
Omar learns that Anita is struggling during an arrest. Omar distracts the officers and hides Anita's identification to help her avoid detention. The conduct supplies knowing post-crime aid aimed at preventing Anita's detection and prosecution.
Graham v. Connor490 U.S. 386 (1989)
Post-Felony Evidence Concealment
Abigail Alvarez helps her brother hide weapons after a robbery that resulted in deaths. She acts to shield him from arrest and conviction for the felony. The assistance occurs after the crime and is intended to prevent law enforcement from linking him to the offense.
Tison v. Arizona481 U.S. 137, 107 S.Ct. 1676, 95 L.Ed.2d 127
Common questions
Frequently Asked
3
What distinguishes an accessory after the fact from a principal in the second degree?+
An accessory after the fact provides assistance only after the felony is complete and with knowledge of the crime, specifically to help the principal avoid arrest, prosecution, or conviction. A principal in the second degree aids or encourages the crime while present at the scene. The timing of the assistance determines the classification.
Supporting sources
Does hiding evidence after a theft make someone an accessory after the fact?+
Yes. When a person learns of a completed felony and then conceals evidence or lies to investigators to shield the principal from detection, the conduct satisfies the requirement of knowing assistance aimed at preventing arrest or prosecution.
Supporting sources
Can the same person be both an accessory before the fact and an accessory after the fact?+
Yes. A person who supplies instructions before the crime and later destroys evidence or helps prepare false statements after the crime can incur liability under both categories.
Supporting sources
466 U.S. 668 (1984)Criminal Procedure
…and violent felony, and since all involved robbery, the murders were for pecuniary gain. All three murders were committed to avoid arrest for the accompanying crimes and to hinder law enforcement. In the course of one of the murders, respondent knowingly subjected numerous persons to a grave risk of death by deliberately…