Citizens should question unlawful arrests

%C2%A0

 

Getting arrested for resisting arrest? As asinine as this sounds, this paradox exists in our country and should frighten everyone, even celebrities.

On Aug. 22 rapper Wiz Khalifa was thrown to the ground of the Los Angeles International Airport after refusing to step down from his hover board. In video of the altercation posted to his Instagram, six officers are seen restraining the rapper with three different officers yelling, “stop resisting.” Khalifa said, “I’m not resisting sir,” multiple times as the officers handcuff him.

On Jan. 27, San Francisco attorney Jami Tillotson was arrested after denying a plainclothes sergeant permission to take photos of her clients. In video of the exchange, Tillotson said to the seargent, “I’m pretty sure that we’re okay here. We don’t need any pictures taken.”

The officer said, “No, you’re not pretty sure. If you continue with this … I will arrest you for resisting arrest.”

Tillotson said, “Please do,” and then she was put in handcuffs. This event took place ironically in the Hall of Justice in San Francisco.

It seems as though many officers manipulate the charge of “resisting arrest” for their own means. Though there are many circumstances where the suspect is resisting and needs to be restrained, there are also many instances where the power to make someone “stop resisting” is abused.

In a crowded area, yelling “stop resisting” could cause the crowd to think the suspect is actually resisting, making whatever the officer chooses to do acceptable, as in the case of Khalifa. In the case of Tillotson, the crime of “resisting arrest” was used to allow the officers to continue to take pictures of her clients without explanation.

In 2014, New York City Mayor Bill de Blasio said rather than fight back, an individual should submit to police and be taken under arrest.

“When a police officer comes to the decision that it’s time to arrest someone, that individual is obligated to submit to arrest. They will then have every opportunity for due process in our court system.”

In a system that killed Eric Garner in broad daylight, and is under investigation for murdering Sandra Bland, due process doesn’t always lead to justice. As an African American in this country, there are many examples of people who look like me, who do not make it out of police stations and jails alive. Having to submit to an officer, for a crime you did not commit, or for no crime at all, is a reality that we should not have to face.

Supreme Court case Housh v. People ruled that, “an arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away.”

There is precedent in our court system that allows people to not submit to unlawful arrests, however because fear of consequence for practicing this (and police officers that will arrest by any means), this solution is rarely used.