re: Not addressing the shooting here, but why do people resist arrest?

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If I'm right and they want to arrest me, they will have trouble. I don't have to comply. It's my right. If I'm wrong I'll gladly comply.

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You can only prove you're right in the court room, not on the streets with a cop. All you are doing is making the situation worse for yourself. Being arrested doesn't serve as your due process.

You're beginning with a faulty premise that anyone committing a crime is thinking rationally.

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got arrested years ago and got the shite kicked out of me

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Kick a bear, it will maul you.

Is 1977 your birth year?

You're almost 40 and fighting cops during your DUI arrest?

You sound like a winner

You might as well ask yourself why is a tree good? Why is the sunset good? Why is boobs good?

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So, you have shown that there are admin checkpoints, where by a lot of different instances, someone could be arrested (suspicion of weapons, intoxication), but does this meant that the check itself would be an arrest?

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No, the legal workaround that the SCOTUS has used regarding these checkpoints is that they are "public safety" checkpoints not designed at criminal enforcement. (How they dance on that pin head is beyond me, but they do.) So the check itself is a seizure because you are not free to go, but it's not considered an arrest because it's not permanent. Now, if you are stopped at a DUI checkpoint and found to be driving while intoxicated you WILL be arrested at that point but the check itself is not considered an arrest.

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If I were for whatever strange reason, stopped by an officer, no suspicion other than my presence being there, and was told to sit, or stay, and I asked if I were arrested, and if not, and not impeding any police activity, would rather not sit (maybe in clothes I'd rather not get dirty let's say), would my refusal to do so be an automatic resistance of arrest?

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This is an interesting scenario. I won't try to pretend that local cops with chips on their shoulders don't walk up to people and order them to sit or stand or remain or whatever without the proper level of suspicion. But here's the thing about that: if you're being ordered to do something from a police officer, that officer needs reasonable suspicion to detain you. If he doesn't have reasonable suspicion then he's wrong and it doesn't matter if it comes out later that you're sitting on 50 pounds of cocaine, it will get thrown out in court with decent legal representation.

But having said this, I wouldn't choose that moment to dispute the order. If a cop (rightly or wrongly) orders you sit/stand/remain, I would comply and fight it later in court. You can, of course, ask if you're being arrested and the cop should answer. But I do realize there are assholes out there that will take this as a sign of aggression but a cop doing his job correctly will answer you.

If you do refuse a police officer's commands to stand/sit/remain, then this action could fall under some sort of resistance charge. However, if it's a bad command or done without the proper authority it will likely be thrown out later. Every state has different laws (it could be called failure to cooperate with a public official, obstruction of an investigation, etc.) but yeah, you're probably looking at a charge there. It sucks but it is what it is.

Try and look at it from a cop's perspective. YOU know you're not trying to fight with him but he doesn't know you from Adam. Often, verbal noncompliance leads to physical noncompliance which leads to physical violence, so when he sees you refusing to obey- even if you're 100% in the right- it makes him jumpy. Cops are like anyone else, with varying levels of intelligence, fighting skills, command presence and temper control. There are good people in law enforcement and those that fulfill every negative stereotype people have about us. Plus, when you deal with shitty people day in, day out and get lied to a hundred times a day by crack heads, pimps and meth dealers, you get a little jaded.

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Still, I am going to sit, I'd rather not have to deal with unnecessary troubles.

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Smartest thing to do. If you really think a cop is acting like a turd with no regard for your rights, your best bet is to comply and go after his job through the legal process after.

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Let me offer my perspective. I am a federal agent and have been at it for over 12 years. I have arrested thousands of people over my career- rich, poor, black, white, Hispanic, after foot pursuits, through parking lots, in their homes and all other places in between. Some observations: 1) The majority of people don't resist. They may initially run if they think they can get away, such as if they see you coming from 50 feet away, but once you go hands on they generally stop resisting. 2) Those that do resist generally freak out once they feel that first cuff go on. It's the most dangerous time for a law enforcement officer. I've seen people that are 100% complaint, talkative, calm and accepting of their plight but when that first metal bracelet goes on, something triggers in their head. I don't even think they understand it. Suddenly your suspect is squirming and fighting and biting and kicking with one cuff on and you're trying to detain him while maintaining control of your weapon. Not a good place to be. What's interesting about this is often when I interview them afterwards and ask them why, they don't even remember resisting and flipping out. 3) Sometimes the bad guy resists because he thinks he can take me. We often make arrests alone and when it's you vs. him and he's been fighting his whole life, it's just another fight. You don't see those videos where the bad guy gets away. There's no one recording that with their cell phone. And if there is a bystander recording an officer getting owned by a street thug that video won't be shown on the next episode of COPS. 4) There isn't much risk to resisting and it has a high reward. If you get away, great. If you don't, you will likely get the charges dropped. I've been stabbed, spit on, shot at and been in more fights than I can remember. All of those should have netted a "Assault on a Federal Officer" charge. At the federal level anyhow, these charges are rarely sustained. They just use the threat of them to make them plea to whatever you initially were trying to arrest them for.

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Very nice perspective.


I think there's some ignorance around here, but then again it is the OT and things are exaggerated. They automatically assume just because you resist you are hiding something or guilty of something.

I would probably resist an arrest for just flat out fear of being arrested.. literally nothing else. I have bad anxiety already. I panic crazy at the thought of being locked up.. so I'd probably shove and run, but I wouldn't never ever try to fight an officer.. but of course he wouldn't know that.. however, I wouldn't put myself in a position to get arrested in the first place..

Often if people would just comply and be friendly with police I am sure they will return the favor for the most part. At least that's always been the case for me.

But yes for the most part, I believe resisting arrest with the thought of just getting away with it after a crime is really stupid.. but of course many people who break the law are going to try to avoid it.

1. They're high
2. They're drunk
3. They are stupid
4. All of the above

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I'm not arguing that the victims/criminals are smart, just that they are not criminal in their actions.

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And I'm not arguing they aren't criminal in their actions.

I *am* arguing that discussions like this should take place in a courtroom before a judge. Not in front of a nervous cop who is worried you might pull a gun.

Don't argue with a nervous cop worried about his own safety, that will probably not go well. Argue with a judge in a courtroom surrounded by bailiffs.

Cops aren't always right you know? Sometimes they grab the wrong person and try to arrest them and that person, rightfully, reacts by pulling away.

That's called resisting arrest, but it's actually just part of being a human.

What would you do if you're standing around and a cop gets out and yells at you for nothing? Just crawl in the fetal position? If so, good news, you're a f-ing pussy.

BRPD throws in resisting arrest on every arrest anyways.