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If I am not being arrested?

Lets say I get pulled over and the cop goes back to his car to write a ticket and I begin to resist arrest in my car then stop when he comes back.

2007-05-18 10:18:04 · 24 answers · asked by Anonymous in Politics & Government Law & Ethics

24 answers

If you're being arrested for resisting in your car then that arrest can be resisted, unless you're already arrested outside of your car for resisting on the original arrest. But, if you're not being arrested for resisting on the 2nd arrest then you have to be resisted for the arrest that you were original resisting on. I hope this clears this all up.

2007-05-19 01:24:15 · answer #1 · answered by Anonymous · 0 0

You answered your own question. If you're not being arrested, how can you resist? Maybe I'm not understanding the question.

If you get pulled over and then drive away, that's resisting arrest. You can't resist arrest in your car while the cop is writing a ticket. When he comes back to give you the ticket, if you verbally and/or physically abuse the officer, you would be resisting arrest. All arrest means is to stop. So if he stops you for a traffic violation, technically you're being arrested, be it only temporarily.

2007-05-18 17:22:07 · answer #2 · answered by fonzarelli_1999 5 · 0 1

Resisting arrest in your car by driving off, that's the only way I could think of. I guess you could resist arrect just by sitting there and keeping your mouth shut, that way he won't have any reason to arrest you, therefore not arresting you.

2007-05-18 17:21:34 · answer #3 · answered by Anonymous · 1 1

yes

2014-04-30 17:41:49 · answer #4 · answered by Edyson 1 · 0 0

It depends, what are you resisting if you're not being arrested? And if you stop resisting, then you can't be charged with resisting, I would think you can only be charged with "kinda resisting", but I don't know how much that charge would hold up.

2007-05-18 17:21:46 · answer #5 · answered by Papi 3 · 1 1

My understanding of this law is, anytime you are detained by an officer, you should consider yourself under arrest. So ANY resistance would most likely result in you being charged.

2007-05-18 17:22:52 · answer #6 · answered by Deep T 1 · 1 1

You're a moron. Sitting in your car while he writes a ticket in his car is not resisting arrest.

2007-05-18 17:28:24 · answer #7 · answered by Dina 3 · 1 1

Cops can pretty much arrest you for looking the wrong way.

2007-05-18 17:25:40 · answer #8 · answered by Anonymous · 1 1

It would depend on the cop and the manner in which you are resisting.

2007-05-18 17:30:42 · answer #9 · answered by shnnn_dodge 1 · 1 0

If he isnt near you, what are you resisting? Your question makes no sense at all. Where do you come up with these ridiculous questions. You must sit there all day thinking these up.

2007-05-18 17:29:15 · answer #10 · answered by sea_sher 5 · 1 1

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