3 ms·

Resisting arrest is both non-cooperation and an offense so idk where you're getting that from.

jiminymcmoogley 3y ago
you can be non-cooperative without meeting the bar for resisting arrest though, for instance if you refuse to incriminate yourself
- filoeleven 3y ago
  People are consistently arrested and/or charged for resisting arrest for not identifying themselves in states that do not have “stop and ID” laws. Even if you know to the letter what your state law requires, the police often don’t. If you take the arrest and sit in jail for 2-12 hours, you can fight it later in court. Somehow, this is a luxury for most people in the US.
- spiritplumber 3y ago
  "You were rude to me earlier, so I don't want to talk to you" may get you beaten up but won't get you in further legal trouble. If it comes up at trial, you simply explain that the officer was rude to you, so you didn't want to talk to them, which caused them to be even more rude to you, which confirmed your decision to not talk to them.
- nabakin 3y ago
  For sure. I thought the parent commenter wasn't considering cases like resisting arrest in their statement though
DiscourseFan 3y ago
I think you're right, but generally speaking the 5th amendment gives wide rights, so in any interaction with the police in America one should always keep their mouth shut, and if pressed say that you won't speak without a lawyer. They literally say: "Anything you say can and will be used against you in a court of law." That is not an exaggeration. It is very difficult to prosecute someone for a crime if they stay silent during the legal process, it's why the police are hyper-aggressive, they are trying to catch any idiot who will say anything that will get them arrested and charged, so they can report to the municipality, county (or state or whatever) that they have achieved x, y, z rates of charges, solved crimes etc., in order to secure better funding (meaning better salaries, benefits, pensions, and toys to terrorize you with).
- fallinditch 3y ago
  Here's a recording of a law school lecture - a compelling argument for why you should never talk to the police https://youtu.be/d-7o9xYp7eE https://youtu.be/d-7o9xYp7eE
- nabakin 3y ago
  For sure, I agree with everything you're saying, but the parent commenter was saying all non-cooperation is allowed which isn't true. I don't think they considered the case of resisting arrest or other similar cases.

you can be non-cooperative without meeting the bar for resisting arrest though, for instance if you refuse to incriminate yourself

filoeleven 3y ago
People are consistently arrested and/or charged for resisting arrest for not identifying themselves in states that do not have “stop and ID” laws. Even if you know to the letter what your state law requires, the police often don’t. If you take the arrest and sit in jail for 2-12 hours, you can fight it later in court. Somehow, this is a luxury for most people in the US.
spiritplumber 3y ago
"You were rude to me earlier, so I don't want to talk to you" may get you beaten up but won't get you in further legal trouble. If it comes up at trial, you simply explain that the officer was rude to you, so you didn't want to talk to them, which caused them to be even more rude to you, which confirmed your decision to not talk to them.
nabakin 3y ago
For sure. I thought the parent commenter wasn't considering cases like resisting arrest in their statement though

DiscourseFan 3y ago

I think you're right, but generally speaking the 5th amendment gives wide rights, so in any interaction with the police in America one should always keep their mouth shut, and if pressed say that you won't speak without a lawyer. They literally say: "Anything you say can and will be used against you in a court of law." That is not an exaggeration. It is very difficult to prosecute someone for a crime if they stay silent during the legal process, it's why the police are hyper-aggressive, they are trying to catch any idiot who will say anything that will get them arrested and charged, so they can report to the municipality, county (or state or whatever) that they have achieved x, y, z rates of charges, solved crimes etc., in order to secure better funding (meaning better salaries, benefits, pensions, and toys to terrorize you with).

fallinditch 3y ago
Here's a recording of a law school lecture - a compelling argument for why you should never talk to the police https://youtu.be/d-7o9xYp7eE https://youtu.be/d-7o9xYp7eE
nabakin 3y ago
For sure, I agree with everything you're saying, but the parent commenter was saying all non-cooperation is allowed which isn't true. I don't think they considered the case of resisting arrest or other similar cases.