Resisting Arrest - A Real or Cover-Up Charge?
If you're suspected of a crime and taken into custody by the police you might be faced with a situation of lawful arrest. Not all arrests are lawful and based upon probable cause. Nevertheless, if you attempt to resist arrest, or if an overzealous police officer tries to justify excessive force used against you, an additional charge might also be added - resisting arrest. To understand the distinction between arrest and prosecution for the legitimate charge of resisting arrest and the not-so-uncommon police abuse scenario, it is important to know what actions constitute the crime.
Depending upon your jurisdiction, here are some examples of behavior that
may be considered resisting arrest:
- Attempting to elude or flee from a police officer on foot or by vehicle
- Threatening a police officer with physical violence as s/he attempts to arrest you
- Physically struggling as you're being restrained, handcuffed or put into the car
- Physically attacking a police officer trying to arrest you
When a police officer has lawful grounds to place you under arrest, resisting arrest is the last thing you should do. The best thing, is to always comply with the police officer's requests, without any interference. Keep in mind, resisting arrest can not only lead to additional charges filed against you, but might make you appear more guilty of the original crime you're being charged with before a judge or jury, regardless of whether or not you actually committed it. And although it might not seem like a serious charge, the fact remains you could be convicted of resisting arrest and have your future blemished with a criminal record even if the original offense is dropped or the prosecution fails to prove it beyond a reasonable doubt in a court of law. Why? Because in most situations, all that has to be established is probable cause for the police to take you into custody and that you resisted their efforts.
But what if you didn't actually resist arrest, or you did but were beaten by the police in the process? Perhaps a police officer didn't like your attitude or the fact that s/he had to run to catch you and decided to teach you a lesson? The bottom line is this: The police are not in a position to carry out their own sentences or inflict "personal justice" upon you. As the U.S. Supreme Court has opined, the police are supposed to have "thick skin," and not respond unprofessionally to derogatory remarks and the like. They may only use the reasonable force necessary to take you into custody and effectuate the arrest.