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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-18-2009, 03:31 PM
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resisting arrest


What is the name of your state (only U.S. law)? florida i was leaving an local establishment when walking out to leave, a person tried to intimidate me.3 policemen were out front of the door by the patrol car and one said to me he could see i was upset and just to move on. Then the persons girlfriend come up to me and said a few words and i looked over towards the person and said f you and threw my gum at him. Then a second officer blindsided me and slammed me face down on the patrol car,handcuffed me and took me to jail for resisting arrest.Did not read me my rights or fingerprint or photogragh me and gave me a paper for a court date and released me. Said because i didnt follow his command is why i was charged with that.
  #2  
Old 04-18-2009, 03:42 PM
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well, don;t see how resisting arrest would be applicable but I can see several possibilities of other charges.

if he failed to read you your rights, that just means that anything divulged while in custody would not be able to be used against you in court.

unless their booking requirements require them to take your pic and prints, they did nothing wrong and even if they did, it is generally just a procedural problem and would not affect your charges.

what is sounds like is your received a citation and unless state law requires some formal booking for a citation, no harm done.
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Old 04-18-2009, 04:28 PM
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Very often the charge for "obstructing or delaying a peace officer" (i.e. disobeying a lawful order) is the same section for resisting arrest. That's probably why the charge was made.

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