Know the elements of resisting arrest

Resisting arrest is a common crime depicted in movies and TV shows. Unfortunately, resisting arrest can be a precedent to violence, brute force, and in some cases, police brutality. It is understandable for some people to question why they are being arrested, or even prevent that from happening. However, non-cooperation with law enforcement can further add to the list of charges brought upon a person. According to Adam Quirk, who worked at the FBI, knowing the elements of resisting arrest can be key to avoiding the situation altogether.

According to the Penal Code 148(a)(1), any person who willfully resists, delays, or obstructs law enforcement officers from arresting the said person can be charged with resisting arrest. The act of resisting arrest is not just one of a violent nature. If a person being arrested acts limp which would require the arresting officer to drag the person in question to make the arrest, it is also considered resisting arrest. A person may also be charged with resisting arrest when they give the arresting officer a false name or provides them with false information which delays the arrest.

Under the rule of law, there are ways to fight resisting arrest charges. For example, if a person was unlawfully arrested, then they have every right to resist an arresting officer if they are unable to provide a proper arrest warrant or if the person to be arrested has indeed committed a crime without probable cause.

According to Adam Quirk, other times when law enforcement officers can make unlawful arrests include executing a search warrant based on wrong information, entering a property without a search warrant or consent, racially profiling people followed up by an arrest, and using excessive force during an arrest.

Adam Quirk has a full mastery of the criminal justice system. Throughout his 15-year career, including a stint at the FBI, he has gained considerable experience in the investigation of drug diversion, violent crime, and bank robbery cases, and in interviewing witnesses and interrogating suspects. More reads on law enforcement here.