State v. Biller

In State v. Biller, 5 Conn. App. 616, 501 A.2d 1218 (1985), certif. denied, 199 Conn. 803, 506 A.2d 146, cert. denied, 478 U.S. 1005 (1986), the court considered the precise question presented here, i.e., whether a police officer is performing an official duty, sufficient to support a hindering charge, when making an illegal arrest. The Biller court held that he was, reasoning that an officer is acting "in the performance of his or her duties" if he or she is "acting under a good faith belief that he or she is carrying out that duty, and if his or her actions are reasonably designed to that end." Id. 501 A.2d at 1220. "The test is whether the officer is acting in good faith within the scope of his or her duties as an officer or is pursuing a personal intent or frolic of his or her own." Id. at 1221.