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This afternoon, Buzzfeed's Nicolas Medina Mora, reporting on NYPD Commissioner Bratton's testimony before a New York State Senate hearing on "public security", noticed something unsettling - the Commissioner endorsed making 'resisting arrest' a felony under New York State law.
Asked whether the penalty for resisting arrest should be increased from a misdemeanor to a felony, Bratton said he supported the idea.
A police-union boss wants suspects who persistently resist arrest to be hit with felony charges instead of just another slap on the wrist. First off, making resisting arrest a felony would severely and disportionately affect communities of color.
Secondly, making 'resisting arrest' a felony would severely dissuade people, in the aggregate, from protesting. Carter, the former officer, agrees that police sometimes feel they have to arrest someone to "save face." But he says some unjustified arrests also come out of officer fatigue — a breakdown of what he calls "resiliency" toward challenging members of the public, especially in protest situations. Throw in the several other stigmas attached to felony arrests - from jobs, to credit, to starting a small business - the pain of a felony conviction would, by definition, prevent thousands of people from even coming close to a demonstration. And since making 'resisting arrest' a felony would disproportionately affect both people of color and activists, one can only imagine - and this is no doubt the real objective - the effect it would have on activists of color.
September 11, 2014 “ICH” – “Rutherford Institute” –В If you don’t want to get probed, poked, pinched, tasered, tackled, searched, seized, stripped, manhandled, arrested, shot, or killed, don’t say, do or even suggest anything that even hints of noncompliance. For example, police arrested Chaumtoli Huq because she failed to promptly comply when ordered to “move along” while waiting outside a Ruby Tuesday’s restaurant for her children, who were inside with their father, using the bathroom.
Oregon resident Fred Marlow was jailed and charged with interfering and resisting arrest after he filmed a SWAT team raid that took place across the street from his apartment and uploaded the footage to the internet.


Eric Garner, 43 years old, asthmatic and unarmed, died after being put in a chokehold by NYPD police, allegedly for resisting arrest over his selling untaxed, loose cigarettes, although video footage of the incident shows little resistance on Garner’s part. Frankly, it doesn’t matter whether it’s a casual “show your ID” request on a boardwalk, a stop-and-frisk search on a city street, or a traffic stop for speeding or just to check your insurance: if you feel like you can’t walk away from a police encounter of your own volition—and more often than not you can’t, especially when you’re being confronted by someone armed to the hilt with all manner of militarized weaponry and gear—then for all intents and purposes, you’re under arrest from the moment a cop stops you.
If daring to question, challenge or even hesitate when a cop issues an order can get you charged with resisting arrest or disorderly conduct, you’re not the master in a master-servant relationship. But if the facts establish that a policeman shot Michael point blank while – far from resisting arrest – he had his “hands up,” then this policeman should be prosecuted for murder, and Michael’s parents awarded due compensation. On the other hand, if they establish that Michael got shot while resisting arrest, which allegedly included trying to wrest the policeman’s gun from him, then this policeman should have our understanding and Michael’s parents … nothing more than our sympathy. Incidentally, it’s worth noting the direct correlation between police officers either wearing video cameras or videotaping every stop on dash cam and the dramatic decline not only in complaints by civilians, but also in use of force by the police. Because protesters are routinely arrested for resisting arrest - both in concert with other petty offenses or as a sole offense - this would radically alter the cost-benefit of direct action. NYPD officers grabbed Huq, a lawyer with the New York City Public Advocate’s office, flipped her around, pressed her against a wall, handcuffed her, searched her purse, arrested her, and told her to “shut up” when she cried out for help, before detaining her for nine hours. The footage shows police officers threatening Marlow, who was awoken by the sounds of “multiple bombs blasting and glass breaking” and ran outside to investigate only to be threatened with arrest if he didn’t follow orders and return inside. The long answer is a little more complicated, convoluted and full of legal jargon and dissonance among the courts, but the conclusion is still the same: anything short of compliance is being perceived as “threatening” behavior or resistance to be met by police with extreme force resulting in injury, arrest or death for the resistor.
For the more this policy led to dramatic reductions in everything from felony murder to the menace of squeegee men, the more aggressive NYC cops became in stopping and frisking people – based not on probable cause but racial profiling.


We’ve all seen far too many incidents of people resisting arrest – even wresting away a policeman’s gun and killing him – just because they fear being questioned or arrested … even for something as simple as petty theft. Huq was charged with obstructing governmental administration, resisting arrest and disorderly conduct.
But, had he not resisted arrest, there would have been no chokehold, or the sub-standard EMT care that followed. And the kicker is that he reportedly resisted simply because he did not want to be arrested for selling untaxed cigarettes … again. Arresting someone for something as trivial as jaywalking strikes me as a particularly silly abuse of police power. And you sure as hell don't fight arrest while poppin' sh*t and telling the cop "f*ck you" repeatedly.
He tries his best to stop the girl in pink from intervening, but she breaks free and gets popped.



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