Posted on 08/28/2010 5:41:46 AM PDT by marktwain
The resisting-arrest conviction last week of Felicia Gibson has left a lot of people wondering. Can a person be charged with resisting arrest while observing a traffic stop from his or her own front porch?
Salisbury Police Officer Mark Hunter thought so, and last week District Court Judge Beth Dixon agreed. Because Gibson did not at first comply when the officer told her and others to go inside, the judge found Gibson guilty of resisting, delaying or obstructing an officer.
Gibson was not the only bystander watching the action on the street. She was the only one holding up a cell-phone video camera. But court testimony never indicated that Hunter told her to stop the camera; he just told her to go inside.
Asked to explain the charge of resisting arrest, Salisbury Police Chief Rorie Collins provided general comments. He was not discussing the specifics of the Gibson case.
Post: What is “resisting arrest” or “resist, delay, obstruct an officer” in the performance of his/her duties?
Collins: “These are basically the same charge. Some call the charge simply “resisting arrest,” and some call it by its longer and more official title. This crime can be found in the North Carolina General Statutes under chapter 14, subsection 223 (G.S. 14-223).
“This crime is considered a Class 2 misdemeanor and involves:
“Any person who shall willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge a duty of his office.
“Obviously, this charge is rather broad and can encompass many different types of actions that are designed to, or serves to hinder a law enforcement officer as he/she performs their duties.
“This charge is most commonly used in situations where a person who is being arrested refuses to cooperate and either passively or aggressively resists an arrest or tries to run away.
“Another very common situation in which this charge is used involves instances when an officer is conducting an investigation and the individuals with whom he/she is dealing provide a false identity when required to identify themselves.
“As you can imagine, there are also many other circumstances in which this charge would be appropriate.”
Post: If the police stop someone in a car in front of my house, do I have the right to stand in my yard or on my porch and watch?
Collins: “The answer to this question is not quite as clear cut as the first. The short and quick answer is, ‘yes,’ in general, you do have that right!
“However, just as with many other scenarios, it is important to remember that every situation is based upon its own merits/circumstances. There are some circumstances in which the police who have stopped the vehicle in front of your house may determine that it is in the interest of safety (the officer’s, yours or the individual stopped) to require that folks move. As with other circumstances, it is best advised that an individual merely obey by the officer’s commands.”
To draw our own conclusions, Hunter could have felt that he, the bystanders or the suspects were in danger that night on West Fisher Street. No problem there. But concerns about safety do not explain why Gibson was singled out for arrest. That lingering question will have even the most law-abiding citizens wondering where their rights stop and police authority starts.
Gibson refused that lawful order and the judge convicted her.
The dependable Mojave leaves no boot unlicked!
Points for consistency, at least.
This is incorrect. It was not a jury trial.
When I was a kid I put up a sign in front of my house just before a curve in the road to tell motorists “RADAR Ahead.”
It wasn’t long before the cops came back to find out why their ticketing efforts were falling off.
I found myself in juvie court for obstruction. It taught me a lesson: Next time go inside instead of watching and waving.
If the the lawful order was to return to her house, and she refused, how is it possible she was in her house when the arrest occurred?
Gibson refused that lawful order and the judge convicted her.
The appellate court will have the last word on just how "lawful" that order was. I know here in Indiana it would get thrown out of Court in a second. There's no basis for ordering a person off their front yard so long as they are not physically obstructing the cop's activities. Can a cop "lawfully" order you to wash his car and then arrest you for resisting if you refuse? Bogus case.
“Yes,” the officer testified.
Hunter yelled at Gibson to go inside multiple times.
“Did she do that?” Biernacki asked.
“No, she did not,” Hunter said.
http://www.salisburypost.com/News/082110-Felicia-Gibson-guilty-resist-arrest-Mark-Hunter-qcd
Cite, please.
Your question is not relevant, but to answer- not in the front. My driveway is also 300ft long, aand my property is fenced. I'll be d*mned if anyone will tell me what to do on my property.
IC 35-44-3-3. Any act of resisting must be "forcibly"; see also all annotations thereto in Burns annotated statues. Any other requests?
You'll be arrested and convicted for refusing a lawful order to withdraw.
And as long as you are not dumb enough to waive jury and let a judge render the verdict, you'll be aquitted if any charges are filed. A first year law student could beat that charge in front of a jury.
"If any person shall willfully and unlawfully resist, delay or obstruct a public officer in discharging or attempting to discharge a duty of his office, he shall be guilty of a Class 2 misdemeanor"
Obstruct? It is a stretch that someone 100 yards away quietly observing is obstructing. The cop had to use a bullhorn to ask them to go inside, they were that far away.
Delay? They complied in seconds.
Duties? The order came after the perps had been arrested and handcuffed.
Apparently, this comes down to two things. One, she had a camera. The police singled out only Gibson and those with her to "go inside". Two, the comment of her neighbor was construed as being a smart-aleck reply, which is apparently why the cop came after her even though they had turned around and were heading into the house.
The prosecutor, Karen Beirnacki, who is running for Rowan County D.A. as a Democrat, needs to be defeated. Support Brandy L. Cook, Beirnacki's Republican opponent. The judge, Beth Dixon, who is running for reelection, needs to be defeated. Support Douglas A. Smith, Dixon's opponent.
The law exists to protect the citizenry, not to empower law enforcement.
“Lawful Order”? If a cop tells you to do something that goes against your Constitutional freedoms how is that a “lawful order”?
He didn't.
You are deranged. Just because a cop tells you do something does NOT mean you have to. If you choose to succumb to every order that is YOUR choice.
Just think, this officer arrested a woman who was armed with a cell phone camera. The public would be better served if the Police tried to arrest criminals instead of harassing bystanders. We now live in a police state.
Time 1:34 - Officer through bullhorn: "Get in the house."
Time 1:46 - Gibson, already turned around and heading towards her house, says to her neighbor; "Come on".
This is about cameras, pure and simple. All over America people are getting arrested for "resisting arrest" when they film police actions.
The veteran police officer can be heard in both his video and Gibson’s video telling her and others who gathered to return to their homes.“Did some people comply?” asked Assistant District Attorney Karen Biernacki.
“Yes,” the officer testified.
100 yards away quietly observing
Source?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.