Resisting Arrest / Assaulting An Officer

Here’s a scenario that plays out again and again: Police pull over a person on a lame excuse, hoping to find probable cause after the fact to search the suspect and the car for drugs or illegal weapons. No evidence is discovered, because the citizen has committed no crime. So the officers provoke the person by patting the person down and making threats or accusations. Sometimes it works, resulting in a physical altercation or loud and dramatic confrontation, and the patrolman can put the person in cuffs for resisting arrest, assaulting an officer or disturbing the peace. If they don’t get the desired reaction, officers may file charges anyway. Particularly if the person has a criminal record, who is the judge or jury going to believe?

Police have a good reason to file “cover charges.” If there is no arrest for an underlying crime, they realize they run the risk of a racial profiling or police misconduct complaint. They also know that a conviction for resisting arrest or assaulting police prevents a suspect from filing a civil rights lawsuit.

John Burris has handled police misconduct cases for over 25 years. He works to uncover the cover-up, addressing the trumped-up criminal charges and exploring possible litigation against the department. Contact our Oakland office now to discuss resisting arrest or a similar cover charge.