Poll of the Day > "Stop resisting!!!"

(+) Yeah! (+)

Whats the rules with resisting arrest?

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?

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Officers shout "stop resisting" when beating someone so witnesses will think the individual is resisting.

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Resisting arrest is a bullshit grey area that let's police justify accosting someone for no real reason.

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EvilMegas posted...

Resisting arrest is a bullshit grey area that let's police justify accosting someone for no real reason.

Yeah thats what it looks like to me. It looks easy to abuse cos I can act a dick to somebody and antagonise them and tell them theyre under arrest then when they act up Ill tell them to stop resisting. It seems like such a nonsense

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FatalAccident posted...

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?

The short answer to that is yes. Which is shitty.

If an officer says you are under arrest, you are under fucking arrest. You go along with it and sort it out with your lawyer after the fact. Once you are under arrest the only ways out are the fifth amendment and the second, and I think you know which of these two is more likely to go your way.

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^ I actually dont know. But so once Im arrested, am I kept in jail and charged for whatever nonsense even with no evidence (except my word against theirs)? Until I can go to court?

or do I get to go home pending a court hearing

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*resists even harder

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Kungfu Kenobi posted...

You go along with it and sort it out with your lawyer after the fact.

https://www.nydailynews.com/news/national/police-stop-man-258-times-charge-trespassing-work-article-1.1526422

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thats code for im bout to kill you.

got no option but to run

south Park did it best
https://m.youtube.com/watch?v=B3RJUMm-hd0

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Blocking the headbound trajectory of a baton is considered "resisting".

That being said, unfortunately Kenobi is correct. Fight it in court, not by the roadside. Police training is to obtain compliance at all cost. It's not a fight you can win on the street.

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FatalAccident posted...

^ I actually dont know. But so once Im arrested, am I kept in jail and charged for whatever nonsense even with no evidence (except my word against theirs)? Until I can go to court?

or do I get to go home pending a court hearing

This is extremely sensitive to the particular facts of the particular situation. Depending on the nature of the charge, and the type of evidence against you, you might be able to post bail, and you might be released on recognizance - which basically means they trust you to show up for court and they let you go home. The system is fucked up, I know people who were given RoR when they shouldn't have been and reoffended almost immediately, and I know people who were denied bail and held for several weeks awaiting trial on charges that would be thrown out within minutes of seeing a courtroom and should never have gotten that far.

EvilMegas posted...

https://www.nydailynews.com/news/national/police-stop-man-258-times-charge-trespassing-work-article-1.1526422

This is what I'm talking about. He cooperated and he lived. He collected evidence of police misconduct, and is now building a case against them. It's shitty, but it's the best tool you have against asshole police violating your rights. His situation would not have been improved for running, or puffing up and shouting "Fuck outta here!"

They would have told him to stop resisting, and he'd be dead.

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An officer can punch you and claim your flesh was resisting their fist

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I think resisting arrest/running from the cops shouldn't be a crime

Then again I think any and all victimless "crimes" shouldn't be crimes

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*starts resisting, seductively

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FatalAccident posted...

Whats the rules with resisting arrest?

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?

If you've been notified that you're under arrest, you have to comply. Whether or not you feel that you're in the right doesn't matter. You might feel that you were in the right even after the judge disagrees with you as well. The fact that you feel that you're right has no bearing on anything. For a great case-in-point, follow the exploits of xSquader from CE who has been arrested countless times now despite feeling he's justified.

If you're going to talk your way out of an arrest, it really needs to happen *before* they go to arrest you.

FatalAccident posted...

^ I actually dont know. But so once Im arrested, am I kept in jail and charged for whatever nonsense even with no evidence (except my word against theirs)? Until I can go to court?

or do I get to go home pending a court hearing

Depends on whether you're charged. If you're arrested and they don't charge you within a certain time frame, they have to let you go. If they charge you, then you can get a bail hearing. However, these are really questions for your lawyer who can also answer anything else related to that crime you think you're not guilty of.

Kungfu Kenobi posted...

Which is shitty.

Not really. Letting cops arbitrarily act as judge and jury would be shitty. If a cop witnesses a crime (and the victim wishes to press charges), it's their duty to take you in, write up a fine, etc.

Muscles posted... I think resisting arrest/running from the cops shouldn't be a crime

Then everybody would run from the cops, both increasing the risk of injury to somebody and also requiring far more cops. As it is, too many damn people run from the cops.

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Zeus posted...

Then everybody would run from the cops, both increasing the risk of injury to somebody and also requiring far more cops. As it is, too many damn people run from the cops.

Are they infringing on anyone else's rights? No? Not a crime in my book

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Muscles posted...

Are they infringing on anyone else's rights? No? Not a crime in my book

They've already committed or are suspected of a crime at that point, and in most cases it's a crime that infringes on somebody's rights. And if it's legal to run from police, you might as just make all crime legal. At that point, order would be maintained by much more vicious vigilante groups and paid mercenaries so an accusation would likely result in death rather than a fair trial.

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Resisting arrest.
An event where several cops are all pushing and pulling on a suspect and telling said suspect to stop moving even though said suspect is trying to not move only to be push and pulled by each cop that is blaming the suspect for moving when it is one of their own doing the moving for the suspect. Even if the suspect were able to go completely limp, they would be getting the blame of moving because one or more cops are pushing and or pulling on the suspect.
Something similar happens when a suspect is being stunned and told not to move only for the suspect to move after being released from a stun or being stunned again, when there is no way they can't not move after being stunned or from being stunned.

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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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