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Quote by: Chaossaber314  That's logically false. Why would someone only be able to resist being placed in a state they are already in? It's quite easy to resist being placed under arrest if you are not already under arrest. The term explicitly says it per the title. |
Is arresting someone a lengthy process or is it instantaneous? For example, it takes time to put handcuffs on someone but only a couple seconds to say "You're under arrest!"
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You understand that running from a cop who attempts to pull you over can also be labeled as resisting arrest, right? The cop hasn't even been able to get out of his car at that point in that case.
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By your logic, is the cop placing you under arrest once he attempts to pull you over?
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The fact of the matter is that they don't have to tell you when they start to arrest you and as a matter of principle they usually don't for fear of someone trying something and them losing the element of surprise. Why we're getting wrapped up in this detail when there a plenty of other more important ones is beyond me, and helps to bury the fact that this cop was wrong for other reasons than the one you keep addressing.
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If they don't have to tell me when they start to arrest me, then who's to say when they start to arrest me? The cops, of course. So by your reasoning, it would seem that if a cop were to say that everyone in his jurisdiction is suddenly under arrest, legally he would be right.
- Rob