Resisting arrest charge is turning our country into a police state

Published On June 16, 2010 | By Georgia Sand | Articles

The charge of “resisting arrest” is a funny thing. One may imagine that it was devised so that murderers, rapists or robbers who tried to escape from the clutches of the law are punished additionally for resisting against police officers.

In practice, the effects of this charge disturbingly fall on undeserving victims. Strangely, people can be charged with nothing else but resisting arrest – meaning that there only crime was resisting arrest. This makes little sense. In essence, there was no reason to arrest them, but since they resisted their wrongful arrest,  they are now criminals.

The California Penal code (§148) defines Resisting/Delaying/Obstructing an Officer or Emergency Medical Technician as follows:

“Every person who willfully resists, delays or obstructs any public officer, peace officer, or an emergency medical technician…in the discharge or attempt to discharge any duty of his or her office or employment….”

This law is somewhat vague, and assumes that officers “in the discharge or attempt to discharge” their duty are always doing the right thing. Herein lies the problem. In fact, sometimes officers do harass people for absolutely no reason, and when people rightfully resist, the officers use the “resisting arrest” charge as a subjugation or punishment for resisting their authority.

An interesting case is that of the Oklahoma Highway Patrol Officer who stopped an ambulance transporting a patient because the ambulance driver did not yield for the officer (see video here). The officer pulled the ambulance over, and when the paramedic tried to explain the emergency situation, the officer went into a rage and assaulted the paramedic. The officer was given 5 days suspension without pay (see article here).

In California, this officer ironically would have fit the definition of “resisting arrest” because he was delaying a medical technician in the course of his duties. Strangely enough, in California, the medical technician would have also been “resisting arrest” because he was delaying or obstructing an officer from the performance of those duties. This completely absurd result only highlights one of the many problems with this law and its underlying assumption that a certain class of people (emergency personnel, police, firefighters) are always doing the right thing.

It is unfortunate that Oklahoma highway patrol did not seem to have too much a problem with their officer assaulting paramedics – a 5 day suspension seems like a very light punishment.  Most people who assault someone in the course of the job are probably fired.

However, it is fortunate in Oklahoma that the state still recognizes the right to resist unlawful arrest. Years ago, almost every state recognized this right.  Today, only a minority do. Alabama, Georgia, Louisiana, Maryland, Michigan, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, West Virginia, and Wyoming recognize the right of an individual to fight off unlawful arrest (see here).

California, in erasing such an important individual liberty, is now seeing the effects of this foolish law. One recent study of the San Jose Police Department found that more than a dozen San Jose officers were repeatedly using force in resisting arrest cases (see more here).

In the course of one year, Officer John Marfia committed many acts of aggression against civilians. He knocked Camille Monet Fisher to the floor, ground her face into the asphalt, and caused a miscarriage. Marfia later struck Carlos Duran in the chest, knocked him down, and pinned his head to the ground. In the same year, Marfia pulled Hai Tran the the ground, and punched a bystander who Marfia alleged was trying to intervene. All three of these people were booked only on charges of “resisting arrest.”

All three of these people prevailed in the charges against them, but Marfia saw no discipline. Instead, he was promoted. People who filed complaints to the departments Internal Affairs division were ignored (is that any surprise?  What do you think an “internal” investigation is?).

Another Officer Ordaz has been implicated in several excessive force cases in connection with resisting arrest charges also. Ordaz alleged that Bennett Walden charged at him with a clenched fist, and that Ordaz had to knock him down and strike him repeatedly with a baton as a result. Walden produced two witnesses that supported his version of the story, that the attack was unprovoked.

The study found that one Officer Marin had used a taser three times in the first two months she was given a taser. A few months after that, she shocked a teenager with a taser.

The study, and sometimes the justice system, has found all these officers to have used excessive force and wrongfully arrested innocent citizens. However, while the citizens had to pay for lawyers, go through the legal system, and suffer physical injuries, these officers have met little if any discipline.

Those who do not have the resources to hire a good lawyer undoubtedly receive a far worse outcome. Resisting arrest is a law that defaults to assuming that the citizen is a criminal, since anyone can be arrested for anything, whether lawful or not. It allows police officers to arrest people for absolutely no justification. The determination of right and wrong lies completely with the police. The law justifies and perpetuates arbitrary arrests, since police who do so suffer no punishment.

The result is that the citizen is actually guilty until proven innocent, not the other way around as our legal system purports to operate.

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About The Author

Georgia (George) Sand received her B.A. from UCLA and her J.D. from the University of San Diego School of Law. She enjoys beer, jogging, the beach and music in her spare time.
  • http://www.twitter.com/jipiteca Rachel Cassady

    This was a great article, and highlights things that I have been trying to say myself for a very long time.

  • http://www.gonzotimes.com PunkJohnnyCash

    Thank you. This is one of the best articles I’ve read in a while. This is one that needed to be written and heard. Now I’m going to be trying to get people to read this one. Great stuff must be heard by all.

  • Will Digg

    Typical bulldog in uniform, gets all bent out of shape when his high and mighty is crossed. Kudos to the guy that bailed out of the ambulance and proceeded to confront Officer Bulldozer and then didn’t back down when threatened.

  • Adam Mueller

    Great post Jenn, a friend of mine was arrested under these exact conditions. Check out http://www.motorhomediaries.com/jonescounty

  • Jack Black

    So you claim that the law allows for a police state. Well, I’d like to hear your remedy. I witnessed an occassion where a man assaulted my mother. As the officer was taking the man into custody, the man’s “cousin” intervened several times, frustrating the officer’s ability to safely take the man into custody. The officer warned the cousin 10+ times yet the idiot kept trying to protest the arrest and kept getting in the officer’s face. Finally, the officer had to stop what he was doingm. call for backup, and arrest the cousin for “resisting arrest” (the real charge was called resist, delay obstruct, a peace officer in the course of his duties). There was literally no other solution. So my counter point is the lack of civility on the part of people has turned this country into a savage state. So sadly this law has a place until we the people start to correct the behavior of others before the police are even called!. It seem so obvious that I’m surprised that someone so credentialed failed to capture the perspective of victims or the perspective of the law abiding people. Your remarkably myopic view only goes to illustrate your lack of knowledge about real world issues.

  • Adam Mueller

    So sadly this law has a place until we the people start to correct the behavior of others before the police are even called!” – Jack

    I think you answered your own question. People need to start being active and not relying on police (or government) to do things for them. But we can’t go around making laws that rarely happen, like yours. Just because the story you gave ‘justifies’ a resisting arrest, though the cousin was charged with something else (delay obstructing?), doesn’t mean it needs to be a law. If I get hit crossing the street that’s my own fault, there shouldn’t be jaywalking laws that punish others who attempt to cross on their own.

    As for the lack of real world issues goes, I think you need to look in the mirror. Your idea to solving real world issues is by force and threats…. Jenn is advocating a voluntary society. Where victimless crimes aren’t the base of revenue for the state, like these resisting arrest charges and jaywalking. Thanks for the comment though.

  • Jenn

    Jack Black -

    Omg! The jewsish people in this country are destroying it and running it into the ground! We must kill them! Once I saw a jewish person assaulting my mother, therefore the law to send them all to concentration camps and to fry them is great! There literally was no other solution! Oh, innocent people are being harassed, beat up, and fried in ovens? Well I’d like to hear YOUR remedy then! To not send all Jewish people to concentration camps would be so myopic of you!

    That’s what you sound like.

  • Dr. Q

    Great piece, Jenn.

    “Resisting arrest” is a bullshit charge. A friend of mine was convicted of “resisting arrest” even though the original charge against him was dropped. He was placed under arrest for “disorderly conduct” when he refused to obey an officer’s order to leave a public place. When he was arrested, he went limp so they tacked on “resisting arrest.” They dropped the “disorderly” charge but took the “resisting” charge to trial and the Judge found him guilty.

    The most ridiculous part about the case was that he didn’t even resist. As I said, he went limp. According to some twisted logic, not assisting with your own arrest–even if the charges are b.s.–constitutes resisting.

  • Jenn

    Resisting arrest should not be a charge that exists in a free or civilized society. It’s disgusting and offensive. I see no problem with people interfering with arrests, honestly. If someone dragged my family member to be locked up in a cell, and I felt it unjustified I’d want to interfere. If they are going to be hauling people off to jail, they better be damn sure they actually have a real criminal, and they are obligated to deal with all the shit that comes with it.

    That is the nature of the job. I’m sick of police who whine about how dangerous and hard their job is. If you want to be a big shot with a gun, then you are obligated to handle the responsibilities that come with it. If you can’t do it without violating people’s rights, go find another damn profession. Stop dumping your professional woes on the rest of us, or trying to make your job cushy by violating everyone else’s civil liberties. I do not want to pay for cops’ safety, laziness, cowardice, and mistakes with my freedoms.

    I mean, to contrast, would this be acceptable – I guess when a teacher molests a child, we should really just cut them a break. Because teaching 25 children at once is really tough. Mistakes are bound to happen. It’s just the nature of the job that you are around children all the time, and mistakes will be made. It just happens, and it’s just a few bad apples. Let’s just give the teacher some paid suspension.

    It’s the same reasoning. Everyone else faces severe consequences when they screw up on the job. Police try to evade consequences when they screw up on the job. It’s bullshit.

  • Topgun966

    Wow, the world you guys live in must be a very nice and peachy world. The real world is officers and other public servants are killed every day. The views outside of an arrest is extremely biased. It is common practice for a officer to place someone in custody IE in handcuffs while a officer conducts a investigation. If you don’t like it then leave America and go back to you’re homelands. I would LOVE to see how you would handle the legal systems of countries like Russia, China, Mexico etc. There, if you resist a officer you don’t get arrested, you get put in a body bag. As long as humans have the need for police, there is a inherent need for laws like this. Since we are a very self centered, violent species by nature don’t see that happening anytime soon. Look at our history. In about 3500 years of recorded history only about 325 years has been without war. So keep bitching and complaining about this then when cops have their hands so tied behind their backs and something dramatic happens to you and you have no one to turn too, all you have to blame is yourselves.

  • Jenn

    Give me a break, topgun. Cops are the ones bitching and whining. Really? They can’t do their job without violating people’s civil liberties, beating up innocent people, and shooting minorities? Oh what a HARD JOB. It’s SO DIFFICULT to NOT KILL PEOPLE and beat the SHIT OUT OF THEM. Maybe they die every day because they are out enforcing stupid laws, like drug laws, prostitution laws, and other victimless crimes. Yes, when you go around telling people what to do and initiating force and preventing them from exercising their liberties, you are going to face resistance and get shot once in a while. NO SHIT. Yes, when you play GI joe in the middle of the night and kick down people’s doors, you will get shot at once in a while. That’s police policy foolishness. It’s no one else’s fault. No one put a gun to a cop’s head and said, you need to put on this SWAT gear and go arrest someone for drugs, or go shoot a 7 year old child. They made that choice.

    You know what’s funny about your “go back to where you came from” comment? The US actually imprisons more of its own people than any other nation in the world. Including China. Actually, the US imprisonment rate, especially for non-violent crimes dwarfs the imprisonment rates of every nation you named. So it appears if we’re talking about law enforcement only, we WOULD be better off moving to those countries.

    And since when is “go back to where you came from” a logical argument? I’d say that if you don’t like the healthy discourse we are having here and the exercise of freedom of speech, YOU should go back to where you came from, where everyone’s a fascist, probably. Then you won’t have to hear people bitching about civil rights violations, and god forbid, protesting unjust murder, torture and battery.

  • Dr. Q

    Topgun, it sounds like you’re the one living in a fantasy. In the “real world” cops are less likely to die on the job than fishers, loggers, farmers, garbage collectors, roofers, and even taxi drivers, but I somehow doubt you go around making excuses for people simply because they belong to any of those professions.

  • Kevin Benko

    (I didn’t come up with the following, but I use it as a metric for determining bullshit “laws”)

    Call this “The Jews in the attic test”:

    If there is a rule, code, ordinance, statute, or law that could possibly be used to make it more difficult to hide a family of Jews in your attic during 1930′s Germany, than that rule is bullshit, unethical, and morally reprehensible and should be ignored.

    So, if I were hiding Jews in my attic, and since my not giving up the Jews to a cop questioning me about it could be punished as impeding the duties of a cop, then that law is total bullshit and should be, ethically and morally, ignored.

    Just my opinion, and I could be wrong, but I don’t see how that’s possible….

  • Jenn

    A big thanks to all our readers and supporters! I appreciate your encouragement much!

  • Dr. Q

    By the way, you really ought to read this, Topgun.

  • http://www.youtube.com/user/kinleyhard K.C.

    A deputy sheriff charged me with “obstructing justice” for hiding in a closet 4 years ago when he came back to my house 3 months after the first time and served another arrest warrant (“body attachment”) on me for contempt of court, which the court issued because of overdue child support in another state. He wore black SWAT or tactical type clothes and threatened to Tase me and my wife! At 7 a.m. I was startled awake and didn’t understand who would be barging into our home. That is only one of the many extents the system goes to collect/enforce child support orders and “beat” dads “dead”. It will not lift a finger to help “non-custodial” parents be a part of their children’s lives (much less equal part) when the “custodial” parent denies “visitation” or abducts their children and moves 1000 miles away.

  • Mark

    Check out this story! Another lying cop.

    http://www.aolnews.com/nation/article/newlywed-eric-wright-arrested-after-rushing-wife-aline-wright-to-hospital/19523650

    Note the victim was an EMT. Note the costumed pig was impeding said EMT (along with allegedly lying – bet the hospital has video unless it gets disappeared).

    From the comments the victim made he doesn’t seem to be aware of his rights or how evil these pigs are.

  • Adam Mueller

    Thanks for the comment – Cop Block’s own Brett Perry has a post going live about this tomorrow.

  • dmax

    Speaking from experience:
    I recently attended a music festival where the local cops were clearly trying to make an example. Since they weren’t allowed to make arrests on the property (private) they waited outside. My girlfriend took some kind of drug and ended up getting taken to the hospital. I was riding along after having some drinks. As we crossed the fence to get her into the ambulance, the cops surrounded me so that I couldn’t leave. I demanded to be with my girlfriend since I was concerned about her well being. They smelled that I had been drinking and physically restrained me. Since I believed myself to not be committing any crime, and since I definitely wanted to make sure my girlfriend was ok, I tried to get over to the emt who brought me along so I could help sooth my girlfriend. I got charged with disorderly conduct and resisting arrest. They threw me around all the way to my cell and put me through their system, which I am convinced has the sole motive of collecting money. During the violence the cuffs tightened and scarred my wrists and I have lost sensation in places of my hands- permanently. I also have a big facial scar from being thrown into the car. I admit to having some drinks but I was never disorderly, and I believe I should have been allowed to accompany my girlfriend to the hospital. Now I have permanent scars on my wrists and face, which many people notice immediately: and why, because I resisted arrest that I truly believed was unjustified.

  • Jenn

    Thank you for sharing your story, Dmax, although I am very sorry that you had such a terrible experience. No one should have to learn the harsh lesson of how terrible the system is, and how police simply cannot be trusted, the way you did.

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  • Taro

    Great article. I would have liked to see the video you linked, but YouTube has already taken it off their site… for some violation of rights reason… no details of course though. lol

  • Dr. Q

    Taro, I just updated the link. Try it again.

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  • Daveinillinois

    June 8,2009 I have been disabled since 2002 but that did not stop an officer from wrongfully tasing and arresting me from my 3 neighbor kids repeatedly calling the police and lying to them because they were being left home alone and the oldest one was only 11. From 10 pm til 7am at the earliest 40 plus hours a week they were home alone but since the cop did not care that I had the police and the fire department at my house countless times before that for the exact same reasons then he felt it was ok to do what he did. After 18 months and $10,000 dollars later I still get charged with resisting arrest because my lawyer did not have time for me and my medical issues were not even allowed because of the good ole “hearsay law”. This has nearly destroyed my families life between the arrest and the constant lies spread about at their school, church and wherever. My wife has MS and I have 3 daughters , they all have medical issues too but I guess that does not matter no more. I hope I can find another lawyer because the foreperson on the jury lied about not knowing us. He has two boys and one is in each of my older two daughters classes at their small town school. Besides the fact he lives maybe 2 doors down from their swim instructor. I am set for sentencing on December 9th but my lawyer quit because he said he was wasting his time defending a parasite like me. Amongst a fairly large amount of quite demeaning other information that I can share with anyone who emails me at [email protected]

  • Jenn

    Hi Dave,
    Very sorry to hear about your experience. That is a terrible thing to have to go through. I wish you the best. The resisting arrest charge really is one that is so easy to abuse.

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  • Sgt. R

    I have been a police officer for over 12 years and I totally agree that this law is sometimes considered a catch all for some officers. I myself do not believe a citizen should be charged with resisting unless they are actually under arrest and then resist. How can you resist arrest if you are not under arrest. Go figure.

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  • http://www.youngliving.com/millvalley Lindalee Hulsey

    On a dewy day after parking my car I strolled planning an art project, in Sausalito California. Caledonia has quaint art studios, restaurants and theaters. Natural beauty. The City of Sausalito just finished a new Police and Fire Department. One on the West corner side of the street and the other the East side of the street, besides making a sweet curvy shortcut to the main street called Bridgeway, that had been landscaped and it appeared rich and green, with red and yellow leaves. As an artist, 59 years young, petite and voluptuous, part Italian, you might say I look Middle Eastern, Mediterranean, a mother, and a grandmother, with long brown hair. I live in one of the most gorgeous places in the world and the richest. Let us say someone who extended their kindness.
    Finally I took the time to really embrace the buildings and the grandeur and as I admired them, projected the idea of my doggie painting to be the mascot for the Fire Department planning to bring it to them. I stood below the steps of the new police department with my rainbow colored umbrella as the moist and wet air makes my hair frizzy on dewy days, and noticed those red and yellow leaves and started picking them up all over the place, planning and visualizing a painting I would also deliver as a gift and donate to the Police Department centered around its natural settings I thought to myself they will really like this.

    After continuing my walk having picked up all different shapes and sizes creating the image in my mind, and smelling the fresh wonderful air, and feeling a blissfulness, suddenly from nowhere an aggressive energy approach, and instantly I froze inside with extreme fear as the rock wall was very close the cars were lined up and parked and the sidewalk very narrow, felt trapped, I thought this can’t be happening here, then I was told to STOP! Then a demand WHAT ARE YOU DOING? Petrified I wanted to cry but; kept a stiff upper lip, and my father use to tell me to BITE THE BULLET, so I looked not even knowing who was behind me, as he came up from behind me, like once a man did in a park in 1979 on January 22, and put a knife at my throat while I was jogging. Only this time I was just walking, how could this happen here, turn and see a tall, bulky and buffed man about 35 stone cold, unfriendly and robotic, starring at me in a black uniform. Then I saw his gun, and felt like he could create anything he wanted to and he made himself really clear when he said, THERE ARE ALWAYS TWO SIDES TO THE STORY after I gave him my business card and told him I was a local artist and was picking up leaves he mocked me and intimidated me further, delayed and detained me from a PEACEFUL WALK, denying me of my Unalienable Rights. That day was the day my DIGNITY was ROBBED. As fortunately I never really suffered the psychic rape when the man raped me with the knife, as I had karate when I was eleven from Chuck Norris, and was in my prime, mid twenties and a newly divorced mother of a seven year old. I fought for my daughter because he wanted the keys to my car, and I did not want him to get to her at my house as he would have access to my registration, driving my car away if he killed me.

    So, all this in Sausalito started before January 22, co incidentally. I saw the officer mid January again, in the Starbucks I told him about that I was going to have an art show, not a smile just a stare, I felt someone looking at me. I had been drawing people’s faces in a little book, and did his and as he left he was cold, robotic and void. Very scary. He had a partner shorter and he was a joker type, like they went in there together to find me, it felt very uncomfortable and I felt a target, and I felt that I was being watched.

    My boss Mark Reuben the owner of a Gallery had wanted to attract Tourists up Princess Street at Bridgeway, because sales was so very poor. He had lost several galleries with the downward spiral of our economy, and he started as a successful street artists. He pointed out that there were other guys, out there, at the Yee Tock Chee park, and suggested that I go talk to them because I could make alot of money probably with my doggie paintings. I told him about the cop, he didn’t really care, he was a man.

    He had already dealt with the authorities years ago, and did not want to certainly go out there anymore, he hadn’t told me what had happened to him long time ago, until what happened to me.

    I went to the city as I did what my boss told me to do, and two NICE police officers came up to me a man and a woman, they said I could show my artwork, if I was connected to a gallery but; if I wanted to sell I needed to go to Litho Street and the City Offices and get a permit. They didn’t know how much it cost. One of the artists out at the park said that YEE TOCK CHEE on his will stipulated to the city that all artist, poets, and musicians can perform there, then I was told by the Parrot man, that the second court ruling of the Supreme Court states that an artist has the right to make money out there.

    The city ordinance is written that there in no peddling/hawking. A fine of $500 and 6 months in prison.

    I got the permission from a girl at the City Planning Office to show my work, but; told I could not hand out business cards. I could direct people to the gallery, and that was all they would let me do. I could paint, but; not sell out there.

    On April 8, I had the Mark Reuben Photos out most of the day, directing Tourists everywhere. April 9, I donated time and paintings to the Barkers by the Bay a cutest doggie contest, the second time, as I did last year and got an article with my work in the Marin Scope, thanks to Mark Reuben. April 10, a gorgeous day, all day, wonderful people, pleasant sweet and friendly enjoying a SUNDAY. Everyone was there a woman with her jewelry, with a State Board of Equalization permit, a man with his paintings, like me but; the area, I had my doggie paintings, and the parrot man, and a magnetic rock performer. All on the waterfront keeping people entertained and the atmosphere sort of European, but; AMERICAN.

    Then around 4:15 in the later afternoon a cop care parked across the street and it turned out to be the same cop that stopped me and I started packing my 11 x 14 paintings and a couple of 16 x 20.
    He was really chastising the woman, and I was about to step up to the curb and he said the same thing, STOP! PUT YOUR STUFF DOWN! I AM GOING TO CONFISCATE YOUR ART AND ARREST YOU!

    I co operated in every way, I had a sinking feeling in my stomach, but; I BIT THE BULLET like my father told me, I did not cry. I realized that when he then said HE WAS GOING TO ARREST ME, his aggressive tone was he was going to violate me and since he knew who I was and did not ask me my name but; first asked me where I LIVED and then said DO YOU HAVE A PROBLEM ANWERING THAT, I picked up my things and walked to the gallery hoping my boss would see me through the surveillance camera and help me to make sense with this monster, as I really felt he was going to rape and kill me. It escalated as I got two feet from the gallery telling him where I worked was right here, turning as he was again behind me, he HIT ME IN THE FACE and then said HE DID NOT CARE, the began to TORTURE my middle finger, TORTURED my hand, and TORTURED my wrists, and then when I almost lost consciousness because of the pain, he lifted my 135lb body and contorted and twisted me until he handcuffed me, and when I said they were cutting my wrists he said he was going to tighten them, I was taunted and belittled and humiliated, and told I had a problem remembering my own name, while I kept saying I was a local artist and tried to tell his partner the same man I saw at the Starbucks that he knew who I was and the Officer named Sgt. Thomas Georges said after they put me in the car he remembered having a NICE conversation with me, and that he wanted to know what hand I wrote with.

    I was pushed up against another police car after being pulled and yanked from the back seat because I was to short and my hands hurt so bad couldn’t get my balance to get myself out and after being pushed almost tripping off the curb and injuring my ankle, fell on my breasts.

    Then realized these two men, just boys, playing and practicing on me because I was small pretty and they really believe they are going to get away with what they did to me.

    I was told that I would not have a right hand if I went out in the park again, and it would SINK in, that was the reason for me having that SINKING feeling in my stomach.

    I was charged with resisting arrest, peddling/hawking. and jaywalking.

    I did not delay nor obstruct the officer from doing his duty, I was not selling, and I used caution and the city does not employs 2010 manual codes for red hand signals with countdown times for pedestrian so I used caution while others were walking.

    The officer delayed and detained me from exercising my right to freedom of expression, speech, and my unalienable right to LIFE, LIBERTY and the PURSUIT OF HAPPINESS.

    I feel I was abused, and sexually discriminated against and singled out and used for practice because of my gender and I feel my life is at risk here in this city.

    Los Angeles isn’t even this bad, you can get a police man to help you, here if I really needed help, I wouldn’t TRUST any cop now that I have made a formal complaint, and do not intend on stopping.

    Just as the officer said there are always two sides to the story, and plan on going to trial to tell my side of the story, while my public defender tells me this isn’t going to be good for me I can go to jail for 6 months, just to get me to pay a fine, because the rich City of Sausalito needs to make money, and have their nice police department practice on local artists they really don’t want hanging around anymore, while the merchants are going out of business they can keep their city pretty for the Tourists, or maybe this is an isolated case, I might just end up a martyr for the cause, nobody has caught this duo. There is no crime until there is a murder, is that it! I’d rather get this over with and confiscate their badges and have them dismissed. Can I make a CITIZENS ARREST? These guys are so bored here, they need some practice send them to AFGANISTAN, make them part of the SQUAT TEAM that assassinates, do something with their HATE, and AGGRESSION. Let them see what it feels like to go all the way and murder somebody else. NOT Me! But; really is that the SOLUTION? Retrain them? They just shouldn’t be allowed to ever have a gun in their possession again, as far as I am concerned, they broke the Oath they took as PEACE OFFICERS, and used UNREASONALBE FORCE OF ACTION and should be cited for MISCONDUCT while on DUTY.
    What do you all think should be done, my email is: [email protected]

  • http://n/a copblocker79

    topgun we the people dont need revenue generating police at all. ticket writers,scammers,harrassers, writing fines for laws they themselves dont follow. Sadly thats what most police are, all we need is real cops,detectives,etc.. fighting real criminals, and crimes were their is actually a victim!

  • JG of Oklahoma

    I gotta say, I love this article, and Sgt. R, I must say I loved your comment as well. I was looking into the resisting law to see if there was any way I could fight it, unfortunately since it is in fact a Catchall I can not, and considering the alternative was a obstructing felony for cussing at the officer in question. I was on my way, almost 48 hours ago, to Loves (Convenient Store), when I recognized a guy I knew since elementary school (Not too long ago considering I am 21 years old) laying on the ground at the side of a bridge with his Pit Bull next to him, a little after 4a.m. I didn’t know if the guy has a bad medical history, and given that he did not respond when I shook his shoulder and tried talking, even yelling to him, I continued to Loves, got gas and a pack of smokes, and called 911, I head back home, by way of where the guy was, and two cops were parked along the side of the road just staring. I asked if they had checked to see if he was alright (He was still laying there) and one cop told me, they will not approach him due to the dog, so recalling that when I got out to check on him, the dog showed no hostility towards me, and in fact was licking my hand, yet she growled at both officers, I offered to hold her back. I had her on the other side of the bridge, (Across the street, not down the road) when a third officer showed up on the other side of the bridge (down the road) and she growled at her, so after that I had led her (The Dog) as far as she would go off the bridge, holding her by the collar, and patted the ground until she stopped and rolled over onto her side where I started petting her and rubbing her stomach, and she completely stopped growling. (THE DOG WAS AT BAY!!!) Keeping in mind she was a pit, I refused to yank on her collar to force her to come, because it might agitate her and thereby cause her to attack me, and then the police, making the effort thus far, meaningless… (As you can probably tell by this point, I love animals, and this is the whole reason I got involved after calling authorities) The first cop yelled at me to get her out of sight, and when I told him, I wasn’t going to risk an attack, he yelled at me that I was wasting his time, and if I wasn’t going to do it his way, I might as well get in my car and move along and that “If the dog attacks, I’ll just shoot it.” This is where I started cussing, thereby screwing myself completely. I yelled back, still holding the dog at bay, “Fuck you, if you shoot this dog, I won’t fuckin’ forgive you. (Damn my love for animals, right?) I called you out here to do a job, and that was to check on my buddy, and you’re being a dick when all I am trying to do is help you!” At this point he told the second male cop, and older gentleman, to arrest me, I asked, “For what?” And the first cop said obstructing… I wasn’t preventing this officer from shit… I was maintaining the dog, he should have just done his job and shut his mouth, but no. So there I am, sitting in the back of the police car. (No Miranda rights were said to me) I thought maybe it was a sick way to try to get me to calm down. After waking and arresting the other guy for public intox, the first cop came to me and said, “I’m giving the decision on whether or not you go to jail to this guy” which was crock, because he had already called in my arrest… (Cop 2 who by this point, I can tell didn’t want to arrest me, and knew cop 1 was being a dick) Thus Cop 2 tried to contact my Cancer struck mother by phone to pick up the car, considering he didn’t even want to arrest me, he wasn’t going to have it towed. I really liked this officer, when he couldn’t reach her by phone he called in another squad vehicle to go wake her and my cousin who was visiting to come get it. He even rolled down my window, and from what he told her, and I told her, she got the basic idea of what happened, and even she could tell he didn’t want to arrest me. She took the car home, and we headed toward the jail, he told me he would drop my charge from felony obstructing down to city ordinance (No misdemeanor or felony) resisting police. (So $538 instead of a minimum of 2 years in a prison) I refused to mention my lack of Miranda rights in court due to I liked the older gentleman. And I got out with $100 payment, and I have to make payments by the 5th for the next 5 months, all for simply pointing out that a dick cop was being a dick, in a profane, yet non-violent manner.

  • JG of Oklahoma

    I should probably add that upon both me and my buddy’s arrests, the dog made no move to attack, and they took her home. (The cops knew the other guy and the dog well apparently) And that he was not mad at me for getting arrested. (If he had been, I’d be in more trouble, the not legal kind) We were put in the same jail cell. (Smart thinking CPD) And when he came too, I told him what happened, and he said, “Next time, just push me off the bridge, man, don’t get us arrested.”

  • JG of Oklahoma

    Retrospect is a horrible thing, because I now realize that I could have won my case by putting in a plea of not guilty, on the grounds that the arrest was both unofficial (Didn’t read me my rights) and unconstitutional, first amendment states that no law may be passed abridging freedom of speech, I can say what I want, when I want, to whom I want with no way to legally punish me for it. And since I did not break any physical law, I’m pretty sure that argument is valid. Fail on my behalf… I want it known, right here and now, The United States Constitution trumps each and every cop and judge in this country, end of story.

  • T R Hughes

    I was charged for resisting while presenting my drivers license to numbskull Police Officer named BA Bowman in Greensboro, NC.

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  • http://libertyjusticeivall.blogspot.com for the people

    Great article! I have had police demand my identification 13 times within the span of 1 year and have had my tags ran over 20 times. I have been arrested 3 times for 148 and the last time I was given a pc 69 charge. I have never been involved in any criminal activities and the police are always the complainant.

    I refuse to identify whenever the police ask because they are looking for a reason to beat on and arrest citizens…Even though I have a constitutional right to refuse, I get arrested and beaten anyway. I have been arrested 3 times for failure to identify even though there were no suspicions of any types of criminal activities…

    The last time I was arrested, I was tackled to the ground, choked, punched in the face, and had my head banged on the ground. I grabbed the back of the officer’s neck in an attempt to get him off of me and I was charged with assault. I go to trial on 1/4/2012…

    I filed for a restraining order with the federal courts and they denied it…

    Welcome to the new America…we are definitely living in a police state…

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  • steve

    as 1 that has defended our right to freedom in 1967 I dont believe that getting pulled over for a light out or lense missing getting told to lean up on the car getting cuffed and standing in the rain for 10 minutes handcuffed while the officer is checking only to find out you have never been charged with anything in your 63 years of life. what the hell is free about that, they say it is for officer protection maybe it is but where the hell have MY rights gone where is my protection.

  • http://libertyjusticeivall.blogspot.com for the people

    Steve, Please file a formal complaint with the courts(42 Section 1983). Unfortunately, that is the only way any change will happen. What happened to you sounds totally unconstitutional.

    Here are a few case law for you:
    “officers aiming firearms without more, constituted excessive force.” See Holland v. Harrington, 268 F.3d 1179.

    Police officers should avoid using force and/or physical restraints, such as handcuffs or guns, during a detention situation whenever possible. These “indications of custody” may cause a court to view the detention as an arrest. “Whenever the detention exceeds the boundaries of a permissible investigative stop, the detention becomes a de facto arrest requiring probable cause.” See Justin B. 69 Cal.App.4th 879, 887; Antonio B. 166 Cal.App.4th 435, 440; See also Carlos M. 220 Cal.App.3d 372, 384.

    Also, police officers are not allowed to expand the scope of their investigation without reasonable suspicion. I could not find that case law, but I remember reading it.

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  • Liz

    Make a very long story short a dj police officer ca
    R barging into my hubby n my room did not say San Jose police. He then asked of my husband had any weapons n my Juan said no tht he did haberdasher a flashlight in his front tshirt pocket and pointed at it and the pig chrged at my husband grabbing his wrist twisting it back. Pushed my husband with all his weight they both fall to the ground then he starts saying sop resisting out loud so other officers can come in and the next officer put handcuffs on my husband while my husband was on the ground the officer tht used excessive for e got up jumped over my. Husband and started kicking n pun hong him until he broke my husbands nose n my husband blacked out,he caused a broken nose and head trai
    A internal bleeding n the asshole knew my hubby had two felonies before in 2004 so he put the charge as a felony resisting arrest. We r so scared n do not want to fight it everyone is on the pigs side now I might lose my husband for life

  • nedmorlef

    the reason they are so lenient on cops that, abuse power is that, that’s the type of personality they want. they want a man or woman that has no trouble violating someone to achieve the appropriate control. They want kent state reserves. They want the types that, will shoot an eleven yr old weaver in the back. They want the kind that beat rodney king. They want those that, will burn down a church live on tv and blame the victims. This is the reason soldiers are asked if, they will fire on americans. The controllers are walking a fine line between control and revolt. They’ll push and take and make you use your finances to seek justice in their courts.Imagine the cases that, never see a court. That never get past the dark street in which, the encounter occurred.They need to be held accountable or society will lose respect for “justice” and chaos will ensue.

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  • LILY

    Yes, they pull this resisting arrest charge knowing their other partners will back them up. They make lies about people being aggressive with them first. My husband is facing a felony ressisting arrest not even hitting this officer at all just trying to pull away from him because he was using force to turn his wrist very hard pulling him back and not to fall and break the closet doors my husband pulled foward that is when the pofficer got crazy and started wrestling with my husband they both were rolling and my husband held him and said “calm down” I am not doing anything. when the other officer came in the room my husband was already on the floor and put handcuffs on him. asmy husband was on the floor on his stomach the officer got up went around the bed and started punching my husband like 15 to 16 times and the other officer said nothing I said to stop he said you want to be charged with obstructing too? officers use their authority to do bad things knowing most of the time to get their way and ruining families lives. now my husband might be facing a year or 2 years in prison with me and baby facing a lot of emptiness and worry. San Jose P.D of course!

  • LILY

    oh yah and to addd my husband had a concusion and broken nose the officer broke did some damages to my husbands skull and of course nothing happens because we do not have the type of money to hirea good lawyer.

  • Donna

    My 19yr old son was arrested Dec of 2012 for being with two other friends, who went into a grocery store and took liquor and food. His 2 friends (possibly my son did put items inside of a 2 baskets) pushed 2 baskets full of food and liquor out of the store. Even though my son didn’t personally take anything out of the store he was also charged with retail fraud. I understand that he is just as much at fault as the boys who actually took the items out of the store. I get this.

    Moving along with this story, as they were leaving the store, the police officers pulled their car over. The driver of the car was my son’s friend, a female. My son was also in the front seat, along with his 2 friends who was in the back seat. Long story short, the officers removed the 2 boys from the back seat first. In doing so, one of the boys had a gun on him and the police wrestled him to the ground. The girl that was driving she could hear the boy screaming as he was laying on the ground “I’m not resisting, I’m not resisting” as the officers continued to beat him down.. Mean while my son was setting in the front seat looking out the window yelling “Are you serious? Ya’ll gonna do my boy like that”. My son apparently made verbal threats telling officers “wait till i see you and your family out on the street and see how we treat ya’ll” BIG MISTAKE”. Well, needless to say my son was charged with (misd) retail fraud, in which they said should have been a felony larsson charge, because the the total of the 2 baskets together, along with resisting and obstructing and officer in the line of duty and an officer became injured.

    To explain the injury part, the 2nd kid in the back seat took off running and a officer chased him down, and along the way fell and received minor injuries.

    My son was booked and bail was 50,000. He took a plea bargain: Misd retail fraud, and resisting and obstructing this is a felony for him.

    I went to court and noticed that the list of people going to court that day and their charges and 90% of them were all charged with resisting arrest..

    What are we all going to do? I know judges notice this and so do the prosecuting attorneys, but none of them will do the right thing and do something about it, and I guess it makes it a little hard when the police reports state such bull shit took place, convincing judges, and prosecutors that resisting actually took place.

    We are all in trouble and don’t even know it. At least they should teach this as a public awareness classes that you can receive a felony for being mouthy or verbal with an officer.. This is NOT everyday knowledge and it dam well should be if your life depends on it. Once you have that felony your marked for life.
    D.

  • Rathernotsay

    I was charged with resisting arrest. This is how it broke down. I was at home, I got angry about a few things and started yelling and acting like a child and threw a couple of things in my garage. My neighbor called the police. The police came about 2 hours later after everything cooled down. However, they heated the situation up by breaking in my door, taking my wife outside and holding her against the wall. I came out in my pj’s and saw what was going on and said what are you doing. I tried to speak to the officers rationally, but declared adamently my constitutional rights from unreasonable search and seizure. I told them they had no right to be on my property and to get out of my house. They did not care about that and continued to threaten me with their Tazers and weapons. I stood with my hands in the air trying to calm down the situation and asked them if we could talk about this rationally. When I could tell they were going to shoot me with the Tazer, I finally relented, had them put the cuffs on me roughly and had them dislocate my shoulder as they forced me out to the car in a rough manner. They threw me in the back of the car and searched my house. They then let me go (because there was nothing to find) and lectured me, but said nothing would come from this. Well, never trust a cop, because a month or so later I got a letter telling me that I was being charged with resisting arrest. I hired an attorney and plead guilty on his advice (which was a mistake because I lost my insurance license because of it). I ended up paying court fees only ($80) and did not get probation. It is unconscionable to me that police can invade our homes, attack us physically and trample our constitutional rights and then we get punished for it. Welcome to modern America.

  • For the people

    Rathernotsay: they probably charged you because you could sue them. If they get a conviction, you lose your right to sue. No one wants to lose their job and go through fighting charges so people ususlly take a deal. That is the way the system wins every time.

    Please everyone, we must fight back. What is happening is intentional. We are the People! We out number them! Do not be afraid. Everyone on this site needs to come together so we can do something big…

    Do not let Christopher Dorner’s plight be in vain.

  • Richard

    Not only do you have the right to resist unlawful arrest,you even have the right to go as far as to legally kill the police officer, and the courts have ruled on the resisting many times in the past.

    http://www.constitution.org/uslaw/defunlaw.htm

  • Richard
  • Mark Sisson

    SCREW all cops. They are the SCUM of the world. Literally. I applaud when I hear stories they are shot in the “line of duty.”

    The vast majority are scum. I take care of MYSELF and do NOT need them.

  • Julie

    We blew off some firecrackers; neighbors called police. Surprisingly, three cars came flying down our road, screeching into the driveway. My husband said for my 14 year old son and I to go into the house and we did. The cops began questioning my husband. My husband told them the truth, that we have firecrackers and that he and my son blew some off. They wanted him to hand over the firecrackers, so he said, “okay, hold on, I will take care of it”. As my husband walked into our house, the cops just walked in behind him. I made the fatal mistake of telling them they are not allowed in my house without a search warrant. They
    Said “your husband invited us in” (my husband did NOT invite them in) my son handed them 2 bricks of firecrackers we have had sitting around for several years. This started a harassment that lasted about 45 minutes. My son was in tears because they said “this lady is
    out of control, we will arrest you and your husband and put your son in juvenile detention”.
    They surrounded me and kept saying we are going to cuff both of you and take you to the holding center. I was saying things like “I haven’t done anything, I felt threatened because you entered my house”. They were cajoling and said, “you watch too many TV shows, lady”. I said, “I don’t even watch TV”. My husband meanwhile kept cool and was trying to give me signals to stop saying anything. I did not insult the police nor was I disrespectful . I asked if
    the neighbors knew someone special since a squadron of police showed up. I also said we are being made an example of. All I can think of, by the way we were harassed, is that they were trying to make me resist arrest. They kept repeating, “we are going to cuff you” and “you are going to the holding center” also, something about calling their boss to see what bail should be set. I just said “okay! I am going to the holding center!”
    They said so many demeaning and humiliating things.Admittedly, Firecrackers are illegal in NYS, so we were in the wrong in that respect. However, we were treated like we were dealing in grenades. This just goes to show that the police can do and say anything they want. We are expected to respect what they say and do, even when they unlawfully enter our homes and harass our families. For some reason, we were not cuffed and taken away, “just” given a misdemeanor. I had told them my father was a cop when they started threatening to arrest me. This is true, and I was feeling scared and desperate. To this they said, “lady, we don’t care who your father is”. But, guess what? Before the cop left, he said, “I would talk to your father and have him make some phone calls.” (I am not doing that, my dad is retired). But, what does this tell us? Liberty and justice for the few who are part of the Police Club. Makes me sick.
    Spoke to a local attorney who knew the cops name as soon as I described the scenario. Apparently, this jerk has been harassing and unlawfully entering homes all around the town.
    Land of the Free……

  • For the People

    The more stories I read on this thread, the more I wish people would get angry enough to do something. The truth is that you only have rights when you chose not to exercise them. Crime is not what we are lead to believe. We have to remember that policing is a business and the people are the commodity.

    Please watch why you should never talk to police http://www.youtube.com/watch?v=6wXkI4t7nuc and what to do when they come to your door http://www.youtube.com/watch?v=7QQkY85YCeI.

    I recommend that everyone refuse to convict another fellow citizen until the scales of justice are rebalanced. We can do this through jury nullification. The only way to motivate change is to stop the flow of money that goes to the courts and police departments. They will then have to reevaluate the emergence of the police state.

  • Allentude

    I really enjoyed the stories submitted by the participants of this forum and recently (last night) have fell victim to the over bearing acts of police brutality and wrongful arrests for resisting arrest in my own home!!! My wife as a matter of fact was accused of interfering with public duties and in the same breath slapped with resisting arrest in OUR OWN LIVING ROOM by McClennan county Sheriff’s department in waco texas so the battle begins today once I bail her out of jail and comfort her mentally traumatized emotions! With this said I will not stop till justice is served to the scum bag officer Henderson who initiated te charges that has left my wife’s wrist swollen Nd bruised with possible permenant damage and emotional scars for life!!! I will fight tooth and nail till my death bed to do my part as to see that this kind of behavior NEVER has to be handed down to future victims and will stop at no cost to have him removed and repramanded for his and his fellow officers Actions!!! Heed the warning McClennan county I’m coming and hell is coming with me (quote of Wyatt Earp off the movie tombstone) thanks again for the reading!

  • hamid

    i’m nonplussed at how pusillanimous police are. why don’t police arrest and beat on each other, ever? when they know their fellow cops are crooks. if i were a police officer and i saw cops engaged in a shady deal, i’d beat the bejesus out of them with a batton, then i’d taser them, then i’d arrest them.

  • hamid

    “Crime is not what we are lead to believe. We have to remember that policing is a business and the people are the commodity.
    I recommend that everyone refuse to convict another fellow citizen
    until the scales of justice are rebalanced. We can do this through jury
    nullification. The only way to motivate change is to stop the flow of
    money that goes to the courts and police departments.”
    i’be been thinking that for a long time. nice to find someone else in this world that can see through the illusion.

  • hamid

    the popular belief is that our country is a police state. more than this, our politicians have become the new terrorists. the national defense authorization act is already in place. all we need now is a president with the kahunas to enforce the policy on the very people it was intended for. our senators, representatives, and judges.