Asked whether the penalty for resisting arrest should be increased from a misdemeanor to a felony, [NYPD Commissioner Bill] Bratton said he supported the idea.
“We need to get around this idea that you can resist arrest,” Bratton reiterated to reporters after the hearing. “One of the ways to do that is to give penalties for that.”
The most half-baked “weapon” in any policeman’s arsenal should never be raised to the level of a felony. “Resisting arrest” is the charge brought when bad cops run out of better ideas. This truism runs through nearly every law enforcement agency in the country. When you take a look at videographers and photographers who have been arrested for exercising their First Amendment rights (and backed by a DOJ statement), you’ll see plenty of “resisting arrest” charges.
When a San Francisco public defender tried to head off a detective who wanted to question and photograph her client without her permission, she was arrested for “resisting arrest.”