"Resisting without violence is governed by Florida Statutes 843.02 and requires proof of resisting, obstructing, or opposing a law enforcement officer performing a ?lawful execution of any legal duty?. "
If an officer tells you to stand on one foot and cluck like a chicken, that is a lawful command. It may be wrong or improper but the time to contest it is later in court or through civil action.
Officers that abuse their authority will be worked out of the system
Can you believe you can actually be charged with this when you weren't even being arrested for anything? Should this even be a charge, or has law enforcement gone over the edge, slid the slippery slope too far, when they came up with this one?
Here's an example where it was used for doing nothing really wrong, other than the officer getting angry over something perfectly legal to do. Time to bring back red coats with white crossed leather belts, maybe add some tall beaver hats too? Sounds more like the British soldiers vs Americans mid 1700's.
In more than 25-percent of the 4000-plus cases Eyewitness News tracked, resisting was the only charge. That begs the question: if there's no arrest for something else how could they be resisting arrest?
David Bigney calls it, ??a terrible abuse of the system. It is an excuse to get somebody off their back in many cases."
And our investigation found prosecutors are rarely forced to prove the cases they pursue. 94-percent of the time the suspects pled guilty or no contest right away.
David Bigney says that it?s often seen as a ??fast way out. They can't afford a lawyer or they just want to get it over with, not realizing they potentially have a defense to the charges."
Of the 41 cases that did go to trial only 13 were found guilty.
Here's a list of offenders in this one county and when you start looking through the charges, a huge number have this "resisting arrest without violence". Ever met a police officer who wants to do all the talking, often as yelling, and refuses to hear/listen to anyone else? I suspect many of these charges are due to situations like that. This isn't Mayberry anymore!