LogFAQs > #941131583

FatalAccident posted...

Can an officer tell you youre under arrest for literally anything and you have to comply whether you feel youre doing it or not, otherwise you can be charged with resisting arrest?

Like if he said Im under arrest for doing whatever is not allowed, even though Im adamant Im not doing whatever he says Im doing - do I just have to comply otherwise Im charged with resisting?

Short answer is yes.

If a cop says you're under arrest, you don't have a mechanism to argue it there in the street. You ultimately have to comply with the arrest, even if you think the arrest is unlawful (which is fucked up, I know, but them's the breaks). Your mechanism to fight bogus arrests/charges is court, so you'll have to lawyer up at that point and/or hope the prosecutor just tosses the charges because s/he doesn't think s/he'll be able to get a conviction with the info available.

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