Cop Block has touched upon the fundamental unfairness of “Resisting Arrest” charges in the past, but it is a problem that warrants continued vigilance.
There will always be goons who justify all kinds of abuse and violence by police under the mantra of “the law is the law!” but most reasonable people (those who aren’t fascists, communists or police-state lovers) are at least somewhat disturbed that an individual can be arrested and jailed for committing no crime, except that of refusing to submit to illegitimate arrest.
While people erroneously believe that “Resisting Arrest” applies only when an officer is apprehending a criminal, this simply is not the case. Resisting arrest charges essentially are a blank check to police to arrest anyone they please; a crime need not have been committed in order for police to undertake arrest. For example, New Jersey’s statute provides as follows:
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