From: David Mann
On Dec 18, 2009, at 2:17 AM, frank theriault wrote:
I don't blame you for leaving and not confronting the Mall Cop.
The downside of being arrested (even if no charges are laid) kind
of sucks. And, as we've heard earlier in this thread (and in
other stories), even if the "real" police realize that taking pix
of kiddies is quite legal, if you argue with them, some police
are quick to lay the ubiquitous "obstruct justice", "assault
officer" or "resist arrest" charges.
How can you be charged with resisting arrest if they weren't already
arresting you for something else?
They tack on the "resisting" charge, if they have a "valid" violation to
arrest your for. If the original charge gets thrown out or dropped by
the DA, the "resisting" charge gets thrown out too. Although sometimes,
not.
It's just one of the f*&^*% up parts of U.S. law that you can be guilty
of resisting even if the arrest is unlawful. You have no constitutional
right to resist unlawful acts by the police. It's the entire basis of
National Security law in the U.S.
When they're just bullying and you refuse to be bullied, they charge you
with "obstructing justice", "interfering with an officer" or "assaulting
an officer", since they weren't actually "arresting" you.
Until they did.
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