Figure this one out...

[deciophobic]

How is it possible for someone to be arrested but the only crime or charges that is reported of them is resisting arrest? I've heard of a few cases like this, can someone help me out?

 

[dilloduck]

my guess would be the cops had suspicious behavior to investigate and the person bolted before they could even talk to him. When the caught him he fought the handcuffing.

 

[deciophobic]

Originally posted by dilloduck
my guess would be the cops had suspicious behavior to investigate and the person bolted before they could even talk to him. When the caught him he fought the handcuffing.

but if they don't bring other charges on him/her, isn't that false arrest?

 

[freeandfun1]

Originally posted by deciophobic
How is it possible for someone to be arrested but the only crime or charges that is reported of them is resisting arrest? I've heard of a few cases like this, can someone help me out?

Law enforcement officers are allowed to "arrest" persons without knowing for sure if a crime has been committed. Therefore, probably what happened was that the police attempted to arrest the person for further investigation and that person resisted. Upon completion of the investigation, the officers learned that the perp was not involved or whatever so therefore, they only charge him for resisting.

In 99.9% of the USA if a cop tells ya to do something, do it. Especially if you really think you are innocent. If this guy had not resisted, NO CHARGES could have been filed against him.

Also, sometimes DA's will drop other charges and just hit the perp with one or two and perhaps resisting carried a stiffer fine than spitting on the sidewalk or whatever it was they first thought he had done.

arrest
v. 1) to take or hold a suspected criminal with legal authority, as by a law enforcement officer. An arrest may be made legally based on a warrant issued by a court after receiving a sworn statement of probable cause to believe there has been a crime committed by this person, for an apparent crime committed in the presence of the arresting officer, or upon probable cause to believe a crime has been committed by that person. Once the arrest has been made, the officer must give the arrestee his/her rights ("Miranda rights") at the first practical moment, and either cite the person to appear in court or bring him/her in to jail. A person arrested must be brought before a judge for arraignment in a short time (e.g. within two business days), and have his/her bail set. A private "security guard" cannot actually arrest someone except by citizen's arrest, but can hold someone briefly until a law officer is summoned. A "citizen's arrest" can be made by any person when a crime has been committed in his/her presence. However, such self-help arrests can lead to lawsuits for "false arrest" if proved to be mistaken, unjustified or involving unnecessary holding. 2) to delay the enforcement of a judgment by a judge while errors in the record are corrected.

resisting arrest
n. the crime of using physical force (no matter how slight in the eyes of most law enforcement officers) to prevent arrest, handcuffing and/or taking the accused to jail. It is also called "resisting an officer" (but that can include interfering with a peace officer's attempt to keep the peace) and is sometimes referred to merely as "resisting."

 

[NewGuy]

True. Entirely unconstitutional and therefore illegal, yet true.

 

[fuzzykitten99]

If a cop put me in cuffs, thinking I had done something, or I was someone else, but I knew I was innocent, I would cooperate. Otherwise, it may look suspicious, like I WAS doing something I ought not do. I would actually not take offense for the cops doing their jobs. They can and will make mistakes. They are only human.

The more you struggle, the more it looks like you have something to hide.

 

[nycflasher]

Originally posted by deciophobic
How is it possible for someone to be arrested but the only crime or charges that is reported of them is resisting arrest? I've heard of a few cases like this, can someone help me out?

Ha-ha-ha. That's hillarious and a good question. I would guess that in those cases either: a)The cops were out of line and/or b)the cops were investigating a crime and possibly in the process of arresting someone on SUSPICION...when the person resisted. You can be arrested on suspicion so that could explain them ending up with only the resisting charge if the other didn't pan out.

Good question, though. I have a friend in one of my classes who was on the force for 19 years and she tells me some funny/disturbing stories about what REALLY goes on...