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Resist Police custodial arrest- think first!
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I was talking a few days ago with an individual whom I have known for years. He knows I was a very active police officer, investigtor and supervisor. His concern was that these days you do not know who's a real cop and who's not when you are told "you are under arrest, so maybe the best thing to do is resist and if/when the opportunity arrises, explain to the Judge why you physically resisted the officers who were placing you into their custody."
I told him I understand his concerns, a little, but unless the situation is such, resisting will get you only in more trouble with the police, could cause injury and definately a charge of resisting arrest issued by a prosecutor and then you have the pleasure of going in front of a usually unsympathetic Judge trying to explain why you fought the law.
Now....I realize there are an unlimited amount of "what if?" situations that people can ask about concerning this topic but it really channels down to one thing........you are going to lose and possibley hurt yourself and others in the process. Yes, there have been numerous situations where the cops used excessive force, arrested the wrong person, etc., etc.. And yes there have been situations where people impersonate police. But those are the exceptions and do not give you blanket coverage to fight. Let's focus on the vast majority of legal arrest situations.
Whether it be for traffic violations, warrants, criminal or ordiance violations, the police have the lawful authority to arrest you and/or take you into custody when certain criteria exist. You do not have the right to resist. In most all cases, the law enforcement official arresting you will have proper identification, a police uniform, and often a warrant for your arrest in his/her hand. Other situations require an immediate arrest without a warrant. Either way, resisting wlll get you nowhere. I take that back. It will land you in jail for sure!
There are several more beneficial ways of pleading your case and challenging your arrest. Get a lawyer, file a motion in court, go to pre-trial or trial and plead your case. Make a formal complaint challenging your arrest to the proper authority, but don't resist or fight! It will add to your problems even if the arrest was mistake. You don't have the right to resist a legal arrest and it's that simple.
In most states, resisting arrest is an additional charge up to a felony, even for minor physical resistance. Don't make it worse!
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