Why is resisting an unlawful arrest a crime?

[Anonymous]

It makes it sound like the police are always right. Police aren’t above the law. If you were accused of burglary and you didn’t do it and you were still charged for it, it makes no sense. Before police can arrest someone they have to have probable cause and/or a warrant. If you’re unlawfully arrested and you resist, there shouldn’t be any charges against you because you were illegally deprived of your liberty.

A police officer’s job is to serve and protect not bully, torture, or harass.

[jennifer_bloom]

I've met people who work for the government that commit more crimes then the criminals that get thrown in jail. A corrupt police officer would not let me file a police report when I was being stalked by a violent criminal 18 years ago because I was rude to him when he slandered me by giving him a dirty look. I also know at least 4 that laughed at me and would not talk to me when I told them I was receiving death threats because I was Chinese and they assume all Chinese people are liars.

And I know 3 mental health professionals that will make outright lies about their patients so they can get paid to medicate them or give them therapy. I also went to an employment agency with 3 employees - the head manager and service person made racist comments about Chinese people in front of me - the third one refused to consider my university degree and wanted me to work a factory job and would ignore my comments and dismiss everything I say as a lie.

I also had another mental health professional accuse me of lying about being abused by my parents and when she began to believe me she dismissed me as a client because she did not want the legal liability of aiding an abuser that was funding her medical treatments.

[springxxx]

An arrest is part of the investigation. Being arrested and being charged are also two different things.
"An arrest is valid as long as it is based on probable cause, even if the arrested person is innocent"
Resisting arrest could be a crime because a suspected criminal is seen as a threat to the public. If they resist arrest like flee, it would be considered an obstruction of justice.

[springxxx]

It's good to fight for your innocence in a court, not with a police officer

[Asker]

https://en.m.wikipedia.org/wiki/Ryan_W._Ferguson

If resisting an unlawful arrest is still illegal, this man (Ryan Ferguson) served almost a decade in prison for a crime he didn’t commit. If you’d ask him if resisting an illegal arrest is illegal what do you think his answer will be?

[WindAtMyBack]

I don't think it's always unlawful to resist an unlawful arrest. I think there are rare circumstances when you can resist, depending on the jurisdiction. But I think it's a REALLY bad idea to resist. If you are going to resist, you'd better be damn sure you are in the right (legally speaking). You also need to be damn sure you are willing to face the consequences.

Being innocent of the crime does not make it an unlawful arrest. Cooperate and let the courts sort it out. Resisting is FAR more likely to make things much worse. If you weren't guilty before, you sure as hell are now. Resisting may be a worse crime than what you were originally being arrested for. It's just stupid.

I've been arrested many times, by many different cops, in many jurisdictions. There is NO reason to be a jerk and resist arrest. It accomplishes nothing at all. Just say "yes sir" and put your hands behind your back like they tell you to do. It will go much more smoothly that way. You aren't going to win the other way. So make it easy on yourself and go along with it.

[Astarlessnightsky]

Resisting arrest is the most natural thing to do, because you either fight or flight in a situation of danger

Cops should know that and move accordingly

[provokeesmokee]

Lol, a police officer's job is to (without putting themselves at risk if they don't feel like it, source: Ulvade) uphold the selected rules of whoever pays them.

They are not legally mandated to protect or serve you.

They are not expected to save you.

[Asker]

Then why do we need police anyway?

[BoopBoopBeep]

Depending on where you live it isn't. Some states recognize the right to resist with reasonable force an illegal arrest, provided certain conditions are met. That said, if you DO resist, you're going to get shot, so small moral victory for you while your family puts you in a box. Better to go along with it and sue the department afterwards.

[Asker]

Think about it death comes at any time. That would be wrongful death. False arrest is illegal denial of your liberty. I’d rather die than lose my freedom. Besides no matter how much money you have, it means nothing when you’re dead.

What you’re telling me makes no sense at all.

[BoopBoopBeep]

You'd rather be dead then win a multimillion dollar settlement from the state and what I am saying makes no sense at all.

I've been around a lot of people who were about to die and that whole "i'd rather be dead than xyz" schtick wears thin until you're the one looking death in the face, so sorry if I'm not buying it

[Asker]

I’m not going to let tyranny rule me. If I resist an unlawful arrest and don’t win the million dollar settlement what else is new? Why do we need cops anyway?
I’m a child of God and not of man. I do what’s right in the eyes of God and not of man. Not defending myself is for one against my religion.

[Avicenna]

I think the problem with your argument is that resisting arrest can place others in danger as well as the person resisting arrest. If there was police misconduct, there should be remedies, e. g., suing the jurisdiction that employs the police, filing complaints against the officer (s) involved.

[Avicenna]

Resisting arrest isn't going to make it easier for you as it makes you seem guilty.

[AviatorTom]

Resisting arrest is a crime, whether it's a lawful arrest (in your mind) or not. The law recognizes a policeman's legal right to arrest someone when they have probable cause.

[Asker]

But the thing is they can’t make up a reason. Whereas they can’t arrest you for no reason.

[AviatorTom]

Correct, they must have a reason to arrest you. Later on, that reason may not hold up in court, or the District Attorney may decide not to prosecute (typically for lack of evidence) but that doesn't change the legal right of police to arrest you when they have a reason to.

[Fireguy17]

It will get straightened out later, and then the pd is wrong.
That is why we have due process.
So don't make a bad situation even worse.
It will get straightened out.

[DryGermanGuy]

The place to determine if an arrest was lawful or not is the courts. Fighting or even arguing with law enforcement is pointless.

[Hispanic-Cool-Guy]

Because dummies here don't defend their rights so the local authorities do whatever they want to the public.

Reagan once said freedom is one generation away from being lost.

I think he was right.

[Hispanic-Cool-Guy]

Notice in the comments all the bootlickers. See my point? LOL

[LiamJHayden]

It isn't always, but it is usually better to allow the arrest and if it is truly an unlawful arrest it will be simple to find an attorney who will take the case on a contingency.

[AngryCarl2]

You might have a claim for wrongful arrest but that doesn't mean you can just refuse to be arrested.

[Asker]

The thing is if they don’t have reasonable grounds or suspicion they can’t arrest you.

[Anonymous]

No, police do not need probable cause or a warrant. They can detain or arrest based on reasonable suspicion.