LE question

[Rookie]

I was reading this article New York City Police Arrested 252 in Yesterday’s Protests - Businessweek and it states that people were arrested for resisting arrest. Wouldn't that be an additional charge? How can you arrest someone for resisting arrest if you weren't already arresting them for something else?

 

[rw496]

Good question. I can see resisting law enforcement..meaning they didn't obey a lawful order.
IC 35-44-3-3
Resisting law enforcement; mandatory sentence
Sec. 3. (a) A person who knowingly or intentionally:
(1) forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of the officer's duties;
(2) forcibly resists, obstructs, or interferes with the authorized service or execution of a civil or criminal process or order of a court; or
(3) flees from a law enforcement officer after the officer has, by visible or audible means, including operation of the law enforcement officer's siren or emergency lights, identified himself or herself and ordered the person to stop;
commits resisting law enforcement, a Class A misdemeanor, except as provided in subsection (b).
(b) The offense under subsection (a) is a:
(1) Class D felony if:
(A) the offense is described in subsection (a)(3) and the person uses a vehicle to commit the offense; or
(B) while committing any offense described in subsection (a), the person draws or uses a deadly weapon, inflicts bodily injury on or otherwise causes bodily injury to another person, or operates a vehicle in a manner that creates a substantial risk of bodily injury to another person;
(2) Class C felony if, while committing any offense described in subsection (a), the person operates a vehicle in a manner that causes serious bodily injury to another person;
(3) Class B felony if, while committing any offense described in subsection (a), the person operates a vehicle in a manner that causes the death of another person; and
(4) Class A felony if, while committing any offense described in subsection (a), the person operates a vehicle in a manner that causes the death of a law enforcement officer while the law enforcement officer is engaged in the officer's official duties.
(c) For purposes of this section, a law enforcement officer includes an enforcement officer of the alcohol and tobacco commission and a conservation officer of the department of natural resources.
(d) If a person uses a vehicle to commit a felony offense under subsection (b)(1)(B), (b)(2), (b)(3), or (b)(4), as part of the criminal penalty imposed for the offense, the court shall impose a minimum executed sentence of at least:
(1) thirty (30) days, if the person does not have a prior unrelated

 

[Kirk Freeman]

How can you arrest someone for resisting arrest if you weren't already arresting them for something else?

How? Let me count the ways.

Indiana has Resisting Law Enforcement.

Law enforcement does not have to be arresting you in order for you to resist. You could (actual cases):

1. run up and pull the gun belt of the officer who is arresting your "baby daddy".

2. refuse from a courthouse hallway to move when a Sheriff's deputy is escorting a prisoner because you want to see "Cousin Cledus" off to IDoC with a hug.

3. run from Purdue police while wearing your Spiderman mask and nothing else.

4. run from Lafayette police while you are neekid and wearing only a cape because you think you are a bat. Oh, yes, you have greased yourself up with Vaseline.

5. claim that you are your cousin who is 6 inches taller than you and . . . a different race. (You will get False Informing too).

Is your question about New York law or Indiana?

 

[Rookie]

New York. Actually both. I understand resisting law enforcement. Do we have resisting arrest?

 

[cobber]

4. run from Lafayette police while you are neekid and wearing only a cape because you think you are a bat. Oh, yes, you have greased yourself up with Vaseline.

Bats grease themselves up with Vaseline? The things you learn on INGO!!

 

[Rookie]

Bats grease themselves up with Vaseline? The things you learn on INGO!!

Everyone knows that.

 

[Doug]

Bats grease themselves up with Vaseline? The things you learn on INGO!!

Everyone knows that.

Not in Texas, they don't.

 

[Denny347]

New York. Actually both. I understand resisting law enforcement. Do we have resisting arrest?

No, only Resisting Law Enforcement. Media and TV call it resisting arrest.

 

[hornadylnl]

You not supposed to care why they're arrested so long as it silences those you don't agree with.

 

[lrahm]

Protesters and law enforcement both have this down to a fine art. When you see videos of protesters you usually hear them state that "we sren't doing anything, we aren't resisting". What you don't hear or see on the camera is the officers giving a lawful order to vacate the premisis prior to the arrest. The order is usually followed by a second order and then followed by an announcement of a time frame in which to vacate. They then announce that those who want to leave can without threat of being arrested. The cameras only pick up the poor innocent person being arrested. When you have people like in Portland who are defecating anywhere they want, it does become a health issue. That happens when you have a large number of people taking up residence for an extended period of time.

I recently talked to an NYPD officer. They give these people plenty of time to leave. Remember the press doesn't always show everything.

Mark Twain once said "If you don't read the newspaper you are uniformed, if you read the newspaper you are misinformed".

 

[Denny347]

Being a member our our "riot squad" (for lack of a better description) I can tell you that is EXACTLY what the protesters want. They are given lawful orders to vacate loudly and clearly and told they face arrest if not. They will get these warnings often but eventually the officers will move in. The protesters then get arrested and make sure they claim they were arrested for doing "nothing". That "nothing" was contrary to law and so I guess in one sense they were arrested for "doing nothing". Then they show it to the media and people watch it and fall for the trick. Hook,line, and sinker.

 

[Rookie]

I firmly believe the protestors are asking to be arrested. I was just hung up on how you could resist arrest prior to being arrested.

 

[Kutnupe14]

I firmly believe the protestors are asking to be arrested. I was just hung up on how you could resist arrest prior to being arrested.

On the brighter side, for those filling out a work application can make themselves stand out with the whole "do you have a criminal record" question.