Lets say a cop arrests you for no reason. Lets say he is a racist cop. The cop makes up something to arrest you for, so you are falsely being arrested which you resist the false arrest. You end up going to court for doing something you didn't do and for resisting arrest. Come to find out you are innocent of the false claims, which makes the reason for the arrest false.
Are you still charged for resisting arrest, even if its a flase arrest?
Would you resist arrest if it were a false arrest? Why or why not?
2007-12-25 18:01:37 · 12 answers · asked by Arcanum Noctis 5 in Politics & Government ➔ Law & Ethics
Depends on the state, but I suspect the answer is yes, you can still be charged. Resisting arrest is not a derivative charge depending upon whatever phony charge the cop is trying to push onto you. It is an independent charge that is capable to stand on its own. If you have nothing to hide and know you have not done anything wrong and that the charges are phony, what do you have to worry about?
No I would not resist arrest, but I will sue afterward in civil court if the charge was simply outrageous (depending on what it is). Remember though, police are still human and do make mistake, so naturally, they have a lot of leeway and immunity from liability, so it is not easy to sue a policeman or PD.
It is in your best interest to cooperate because you are NOT in a position to bargain when you get arrested, and that just because you THINK the charges are false doesn't mean other people will agree. So it's best to cooperate and let the judge decide.
2007-12-25 18:29:10 · answer #1 · answered by Andy 4 · 1⤊ 0⤋
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2016-06-02 19:45:26 · answer #2 · answered by ? 3 · 0⤊ 0⤋
The charge would probably be changed to assault of a peace officer if the initial charges were dropped. I think about things like this differently than most because I am a police officer. I would advise to never resist arrest, simply because the cops almost always win in this situation. At that point, you are looking at even more charges, may have gotten the crap beaten out of you, and are still under arrest. It may not be right or fair, but it's the way of the world. Be careful.
2007-12-25 18:08:23 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Here's little old you. Some big, bad police officer picks on you for some unknown reason. God only knows there aren't enough criminals or crime out there to keep the cops bizzy. The jails aren't full either ....right?
So, this burly cop, who has a bad attitude towards you cuz he's discriminating is just looking for a way to slam you some more. So you give it to him?
I don't think so. Yes, sir, no sire, how high do you want me to jump sir? You are out in no man's land, you wanna fight the gorrila group and all their buds, by yourself, handcuffed etc?
What could you be thinking?
Best bet is to say nothing, or at least be direct and polite, ask for an attorney if they start questioning you ...you're arrested already right? What's to lose except that now you got several charges against you.
You never want to fight the lion in his den, on his turf and with his big bad lion buddies holding you in their inner circle. Very foolish behavior.
Get real world. The sooner they get you to jail and you get some legal rep, the sooner you can strike back, if that is what you feel you must do.
My limited experience makes my skin crawl to even think of being involved with arrest, incarceration and going to trial.
Keep in mind, that while there are many good police officers, if you get the wrong one in front of you ...there is but a pig's whisker between that officer and a law smart criminal who could/would like to have his way with you if you give him any chance to do so.
2007-12-25 19:14:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It is illegal to resist arrest, even if the arrest is totally false. If you are being falsely arrested, you can file a suit against the police department later on for compensation. But if you resist, then you can be charged with resisting arrest regardless.
And besides, you may not know all the laws. Unless you are a qualified attorney and know for sure that the arrest is false, it is best to not object even verbally. You will have your day in court later.
2007-12-25 18:15:20 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Even if you are being falsely arrested, resisting arrest is still illegal. If you feel like they are wrong, then you take that matter up in court, but don't resist the arrest. Rather or not a crime was actually committed is irrelevant when it comes to the charge of resisting arrest. The Judge or Jury may find you innocent of the crime, but still guilty of resisting arrest because that is a crime in and of itself. Hope that's not too confusing, when I read it back it sounds like a circle....LOL, but I am a paralegal
2007-12-25 18:09:58 · answer #6 · answered by begood1977 4 · 0⤊ 1⤋
Most states have a statute just for that improbable scenario. Even if the arrest is totally baseless, you WILL still be charged with resisting arrest. And it will stick.
(I ain't the one making the rules, just the one driving the squad around)
2007-12-25 18:08:24 · answer #7 · answered by Brad B 3 · 0⤊ 1⤋
Does not make sense to resist arrest when you very well know you are not going to win. Same thing with trying to argue with a law enforcement officer about a ticket he has issue to you.
2007-12-25 18:07:09 · answer #8 · answered by ProArtWork 4 · 1⤊ 1⤋
In Missouri, you are not allowed to resist any arrest, even if the original arrest is later found to be illegal.
2007-12-25 18:06:08 · answer #9 · answered by Citicop 7 · 3⤊ 1⤋
it probably depends on the degree on the resist
if you were very resistant then you might be charged still
but mostly likey unless you like ran drove away you probably wont
But i wouldnt resist
honestly theres no point because its so much easier and you get in WAY less trouble if you are cooperative and do what they want.
But then again im training to be a Police officer
2007-12-25 18:08:05 · answer #10 · answered by Delena J 3 · 0⤊ 1⤋