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NYPD Moves To Make Resisting Arrest A Felony

It's entirely up to you whether you submit or not, and you certainly are not alone. As I said in my post, the police expect some individuals not to submit. The police nor you are the ultimate power. The courts will decide if you have done anything that requires arresting, not you or the police. As to not fearing the police, you shouldn't have to.

It would appear to me that your position substantiates in part why there are so many individuals charged with resisting arrest. And, finally, I also think there is a high likelihood that you eventually will be submitted. Good Luck

To put that much power in the hands of other humans, just because they represent a particular group, is the next thing to complete submission of the population.

If someone is caught red-handed, so to speak, is one thing.

But just because you are in the wrong place, for them to demand you submit, or charge you with a felony if you don't submit, is way far over the line. Misdemeanor, as it is now, would be acceptable.
 
To put that much power in the hands of other humans, just because they represent a particular group, is the next thing to complete submission of the population.

If someone is caught red-handed, so to speak, is one thing.

But just because you are in the wrong place, for them to demand you submit, or charge you with a felony if you don't submit, is way far over the line. Misdemeanor, as it is now, would be acceptable.

I have no problem with a misdemeanor. If an officer is injured during an arrest, the individual will have additional charges placed against them anyways. As it relates to the submission issue, I will submit (pun intended) the following:

Lawful Arrest Law & Legal Definition

The term 'lawful arrest' refers to the legal custody of a person under warrant or under a probable cause. Probable cause includes the belief of commission of crime, or an arrest demanded under civil process.

According the Fourth Amendment of the U.S. Constitution, the elements of a lawful arrest are as follows:

1. Oath or Affirmation made;

2. Probable Cause determined;

3. Specific Warrant issued; and

4. The actual arrest or detainment.

The criminal justice process typically begins when a police officer places a person under arrest. An "arrest" occurs when a person has been taken into police custody and is no longer free to leave or move about. The use of physical restraint or handcuffs is not necessary. An arrest can be complete when a police officer simply tells a crime suspect that he or she is "under arrest", and the suspect submits without the officer's use of any physical force. The key to an arrest is the exercise of police authority over a person, and that person's voluntary or involuntary submission.

A police officer may usually arrest a person in the following circumstances:

The Police Officer Has "Probable Cause" to Arrest

When a police officer has a reasonable belief, based on facts and circumstances, that a person has committed or is about to commit a crime, the officer may arrest that person. This belief, known as "probable cause," may arise from any number of different facts and circumstances. For example:

A police officer receives a report of an armed robbery that has just occurred at a liquor store, then sees a man who matches the suspect's exact description running down the street near the store. The officer detains and searches the man, finding a gun and a large amount of cash in his pockets. The officer can arrest the man, based on a probable cause belief that he committed a robbery.

Red handed is not the standard. State or federal laws give police the right to arrest under certain conditions and the courts decide if they met those conditions.
 
I'm going to presume something's up, because you don't seem yourself today. Yeah, you're uber defensive of your fanboi-ism, and that's SOP and fine, but your responses have been "off" and aren't really connecting with what is being said, which is unlike your usual self.

Deflection. Typical.
 
I apologize. I will never show concern for you ever again.

You were trying to undermine another poster by saying police "often" aren't arrested for breaking the law. I'm sure their rate is no different than a regular citizen. Most people don't break the law you know. At least not at a rate to be put in jail.
 
The problem is that "resisting arrest" is a charge that's almost always arbitrarily thrown in against someone who is arrested. Numerous videos show that police just blurt out "stop resisting" even as they're beating the crap out of someone facedown on the ground while handcuffed or with their hands in the air. The NYPD can't be trusted with this.

I'd say this is a move to disarm the public. All you need is a felony conviction to loose your 2nd Amendment rights.
 
I hadn't thought of that aspect, but I could see it.

How many times have we seen videos of police provoking a relatively peaceful acting person into a response that "appears" resistive, then slamming them at the first sign of the provoked reaction. It's easy to develop psychological tactics that get natural human responses that can then be used to arrest someone for no other reason then they moved unusually, said something or looked a certain way. Next thing you know you're facing a felony indictment and have to hire an expensive lawyer to get you off. Felonies carry far too much of a penalty to be used for something like resisting arrest.
 
How many times have we seen videos of police provoking a relatively peaceful acting person into a response that "appears" resistive, then slamming them at the first sign of the provoked reaction. It's easy to develop psychological tactics that get natural human responses that can then be used to arrest someone for no other reason then they moved unusually, said something or looked a certain way. Next thing you know you're facing a felony indictment and have to hire an expensive lawyer to get you off. Felonies carry far too much of a penalty to be used for something like resisting arrest.
Completely agree. Making it a felony is too big of a hammer which can (and probably would) be too easily abused.
 
sounds about right for a big government state like new york. i expect california to follow suit shortly.
 
I can find only two sources for this, and I'm not 100% comfortable with either one, my apologies. It was touted by "FlexYourRights", so I'm going to go with it, albeit cautiously. *IF* it is true as stated, it is a dangerous concept.

wow lets just ruin peoples lives. there is a reason I won't live in NY.
 
sounds about right for a big government state like new york. i expect california to follow suit shortly.

I feel the same way. IT IS home to the worlds most corrupt police force. I wonder if you have to pay Union fees on your tickets?
 
I should think that resisting arrest is a rather stupid thing to do.

It always is, but these ignorant scumbags, do it anyway!
My take is, if it pertains to a felony crime, then it should be made a felony, if it's a misdemeanor...than no it shouldn't.

The problem is that "resisting arrest" is a charge that's almost always arbitrarily thrown in against someone who is arrested. Numerous videos show that police just blurt out "stop resisting" even as they're beating the crap out of someone facedown on the ground while handcuffed or with their hands in the air. The NYPD can't be trusted with this.

I think you've been watching too much doctored video......

I personally, never beat on anyone after they were restrained...unless they continued to kick me, head butt me or spit on me....than **** em!
 
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