But I’m more concerned on when its feasible to resist arrest. No offense, but if I’m aware of my rights and they have not charged me, I’m disinclined to allow myself to be lead away and then detained for 24 hours or more. Just because an officer doesn’t know the law?

Carlos is a good example of how hard it is to fight the system, and how damaging it is personally and financially. Again, I’m of the personal opinion that if I have to fight to prove I was arrested wrongly, even criminally, then I’d like to see a cop fired at the least, jail time at the worst. If a Sword of Damocles were over their head for taking the job, you’d probably see fewer thugs as cops.

Errrrrr… It’s like them prosecuting you for breaking someone’s hand because they punched you…

Does that make sense?

If you read my last paragraph again… I said resisting arrest if you are guilty is not OK, as in you shouldn’t do it. Because then they’ll add that to your list of offenses (as they did in carlos’ case).
If however, you didn’t do anything unlawful or illegal and you are never prosecuted for doing the stuff that you supposedly got arrested for, then you can’t be charged with resisting arrest. Because the arrest was unwarranted and unlawful and yadda yadda yadda. Trust me, if Lin wanted to fight the charges, all she’d have to do is say the arrest was unlawful and the rest would get dropped. Fruit of the poisoned tree. (perhaps you’ve heard that?) Likewise, if Lin goes to trial, and they drop the other charges, they’d be forced to drop “resisting arrest” as well, as there wouldn’t have been resistance to arrest if the arrest had never happened, would there?

errrrr.

You know not of which you speak. Innocence of the underlying charge is NOT a defense to resisting arrest. If the police don’t identify themselves in your scenario, sure. However, if they have a warrant based on incorrect info, identify themselves and enter your home pursuant to that warrant, you cannot resist arrest.

Your premise, that the guilty cannot resist, is humorous, but inaccurate. Resisting arrest is a completely separate offense, with elements unrelated to the reason for the arrest. There are very limited circumstances, where the arrest is itself illegal (very, very limited circumstances), but innocence of the suspected crime is not one of the circumstances.

He, 5 minutes earlier, had said “What about the protection of free speech? HUH LIBERALS?”

While he is welcome to spew whatever bile BS agenda he has, he has some freaking nerve to tell others to stop protesting and gathering peacefully.

And torgeaux: You won’t ever be prosecuted for resisting arrest if the events leading up to the arrest were bullshit. For instance:

The cops think you murdered someone, so they plan a bust-in to arrest you. You, being innocent and a gun owner, don’t expect cops at your house. If, when they bust in to your house, you unload on them, you are not criminally liable for anything if they used false means to obtain a warrant for your arrest (like an anonymous tip, or something like that).

This is why it’s ok to resist arrest if you’re being falsely detained. and why it’s not okay to resist if you DID do something wrong. you don’t want them to add that shit to your resume of guilt.

http://www.washingtonpost.com/wp-dyn/content/article/2008/08/12/AR2008081201658.html

This is the county I grew up in. I have issues putting myself into police custody when something like this can happen.

Oh, and based on Carlos’ own account of his time in jail, I doubt anyone wants to be put there wrongfully, if at all.