resisting arrest?

[goodbyegym]

Hi. I was arrested, handcuffed and put into a police car. I sat there for a long time while the cops were busy doing other things.

Just for "entertainment" and kind of as a challenge, I tried to get out of the cuffs. I first moved my arms to the front of my body and from there I managed to slip one hand out.

Eventually they took me to the station and when the cop opened the car door and saw I wasn't wearing the cuffs he started cursing. He pulled me out of the car and kind of pushed me against the car and then had another cop cuff me again and he made it so tight it cut into my wrists.

Anyway he later charged me with resisting arrest for getting out of the cuffs. But how is that resisting? I let him cuff me without a fight and it's not like I tried to run or attack him or anything. :confused:

[Kimble]

You were put in retraints for a reason. You (the person being arrested) don't get to pick the time and way you become unrestrained if you're under arrest. Doing so is resisting arrest. Enjoy your resisting charge, you earned it. :rolleyes:

[retdetsgt]

I'm sure there's an opening for you somewhere as a rocket scientest.... You think this a some kind of game we're playing out there? :rolleyes:

[corporal716]

Go plead guilty and be happy he didn't add on attempted escape too.

[goodbyegym]

I figured he got his revenge when the other cop put the cuffs on so tight that I had welts for hours and still have bruises on my wrists now four days later. Did he really have to charge me too?

And I did not try to escape or even resist. I really didn't nor did I intend to give him a hard time. I didn't fight, I didn't try to open door, I didn't reach for anything. I guess I should have told him they just came loose?

[corporal716]

Revenge had nothing to do with it. And yes he did have to charge you with it. The charge justified him putting them on tighter, so when you go crying about it everyone knows way it was done. Trust me; after a stunt like that, you aren't going to get any sympathy here.

[Kimble]

I figured he got his revenge when the other cop put the cuffs on so tight that I had welts for hours and still have bruises on my wrists now four days later. Did he really have to charge me too?

And I did not try to escape or even resist. I really didn't nor did I intend to give him a hard time. I didn't fight, I didn't try to open door, I didn't reach for anything. I guess I should have told him they just came loose?

Was I not clear before? Please allow me to enlarge the statement, and elaborate a bit more, for your viewing pleasure:


YOU, the person being arrested, are not free to unrestrain yourself while you are under arrest. You do not get to pick and choose when the cuff come off, when you go home, etc. If you take action to get out of your cuffs, or in any way become unrestrained while arrested, you are resisting arrest.


The cuffs were put on tighter because you took them off. It's probably not the best idea to come to a cop site looking for sympathy for resisting arrest. ;) If you volunteered to put yourself in this position, you pay the consequences for your actions. That's the way the game is played.

[patchcop]

... when the other cop put the cuffs on so tight that I had welts for hours and still have bruises on my wrists now four days later.

Was that a young cop or an older veteran? What you let us know here is a problem with new handcuffs, They are very tight in their first times. That will be better when they got used a few times. So maybe an old veteran got a new pair of cuffs or a young cop used them for one of the first times at your wrists.

[phantasm]

NYS Penal Law

§ 205.30 Resisting arrest.
A person is guilty of resisting arrest when he intentionally prevents
or attempts to prevent a police officer or peace officer from effecting
an authorized arrest of himself or another person.
Resisting arrest is a class A misdemeanor.


I would say that taking a cuff off is prevent a PO from effecting an authorized arrest.

You were charged correctly.

[goodbyegym]

NYS Penal Law

§ 205.30 Resisting arrest.
A person is guilty of resisting arrest when he intentionally prevents
or attempts to prevent a police officer or peace officer from effecting
an authorized arrest of himself or another person.
Resisting arrest is a class A misdemeanor.


I would say that taking a cuff off is prevent a PO from effecting an authorized arrest.

You were charged correctly.

Thank you for the statute. This actually was in NY state, so that's helpful.

It sounds to me like the charge is debatable though. I know that's for a judge to decide, but still...

If I had somehow gotten out of the cuffs while he was struggling to get me into the patrol car I'd say I was resisting arrest, or if they have me face down on the ground for a while and I get out of my cuffs and start running. But sitting safely locked up in a patrol car with no bad intentions of escaping or attacking anybody? Does that mean while the cuffs were off in the car I technically wasn't under arrest anymore and I had therefore successfully prevented an arrest? I don't think so.

Man, I was drunk and bored in a patrol car waiting for them to stop yappin'. Think about it. How else could someone entertain themselves in the back of a patrol car? Seriously.

[mcsap]

IN PA , it would have been Attempted Escape but it is the same grading of charge.

Next time your drunk , dont get yourself arrested. maybe you shouldn't get drunk , look where it got you.

[goodbyegym]

IN PA , it would have been Attempted Escape but it is the same grading of charge.

Next time your drunk , dont get yourself arrested. maybe you shouldn't get drunk , look where it got you.

What if I, hypothetically, had gotten out of my cuffs during the ride to the station, and I had immediately told the cop what I had done before he found out himself. Would that make a difference?

[pac201]

Thank you for the statute. This actually was in NY state, so that's helpful.

It sounds to me like the charge is debatable though. I know that's for a judge to decide, but still...

If I had somehow gotten out of the cuffs while he was struggling to get me into the patrol car I'd say I was resisting arrest, or if they have me face down on the ground for a while and I get out of my cuffs and start running. But sitting safely locked up in a patrol car with no bad intentions of escaping or attacking anybody? Does that mean while the cuffs were off in the car I technically wasn't under arrest anymore and I had therefore successfully prevented an arrest? I don't think so.

Man, I was drunk and bored in a patrol car waiting for them to stop yappin'. Think about it. How else could someone entertain themselves in the back of a patrol car? Seriously.

your words, not mine. The struggling part of that sentence clearly says that you were resisting. Maybe an officer from the jurisdiction that you were arrested in would like to have a copy of that statement for court...;)
Yeah, I know, your honor that was just a figure of speech...blah, blah, blah...

[Kimble]

What if I, hypothetically, had gotten out of my cuffs during the ride to the station, and I had immediately told the cop what I had done before he found out himself. Would that make a difference?

Think about it like this: you're arrested and the officer has to be cautious because he/she doesn't know you and doesn't know what sort of threat you may be to his safety. As such, the officer will treat you as a threat if you do something beyond what he/she gives you commands to do. Lets say you had found a gun in the back seat, for example. Do you think it would be a good idea to just come out of the back seat with the gun in hand without saying anything, or to let the officer know immediately upon finding it, "Officer, I just wanted to tell you there's a gun in the back seat." One reaction gives no feedback to the officer about your motives or intention, the other appropriately lets the officer know that a issue regarding his/her safety is present.


Yeah, giving a heads up - at the very least - would have been a much better idea than just coming out of the car with your handcuffs off. But then drunks don't make the best decisions, do they?

[Creeker]

...Man, I was drunk and bored in a patrol car waiting for them to stop yappin'. Think about it. How else could someone entertain themselves in the back of a patrol car? Seriously.

You know, I knew from the get go that you had been drunk.

Your continued ignorance leads me to believe that you either still are or are just an ignorant simpleton who has the maturity of a 12 year old.

Question everything, learn nothing.:rolleyes: