What Is Resisting Arrest?
One of the most dangerous moments in law enforcement--for cop and citizen--is the resistance of arrest. Seen as a necessity for social order and safety, all states and the federal government recognize resisting arrest as a crime.
Other People Are Reading
-
Legal Meaning
-
The general concept of resisting arrest means a person acts with the intent to prevent or avoid being taken into custody by a law enforcement officer or agency.
Arrest
-
Under the Fourth Amendment, an arrest is a legal "seizure," or taking, of a person's body. You must reasonably believe that a law enforcement officer will not allow you to move freely.
-
Resisting
-
Defined by state and federal statutes, resistance is the act of not complying with the legal demands of a legal authority. Physically resisting arrest can be displayed by fleeing the scene by any means, refusing any restraint and assaulting the arresting authority.
Significance
-
Resisting arrest can lead to an original or additional criminal charge. Usually, resisting without violence is a misdemeanor, and with violence is a felony.
Warnings
-
Resisting arrest does not mean refusing to answer a police officer's questions. Remaining silent before, during and after the arrest is your Constitutional right under the Fifth Amendment.
If you are approached by a plainclothes officer or unmarked vehicle, you have the right to ask for a uniformed officer or squad car. The law recognizes this as a safety issue, especially for women.
Famous Ties
-
Two of the more well-known and watched cases of resisting arrest were O.J. Simpson's 1994 infamous white Ford Bronco car chase and Rodney King's brutal arrest in 1991 on the streets of Los Angeles.
-
References
Resources
- Photo Credit handcuffs three image by Paul Moore from Fotolia.com
