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.
Hunter yelled at Gibson to go inside multiple times.“Did she do that?” Biernacki asked.
“No, she did not,” Hunter said.
What authority does a police officer have to order someone back into their house? Public safety? Sure. General order? That's reasonable. But given the tale of the tape does not show any serious effort to disperse the crowd suggests this was just a cop who saw the camera.
The law was never intended to be a blank check.
Posted video.
Explain how it was a lawful order.
Journalists were threatened with arrest if they covered BP’s oil spill on the Gulf, so that title is no longer a guarentee of first amendment rights in the US. The law is whatever officials say it is now. The constitution is dead and gone.
people are getting arrested for “resisting arrest” when they film police actions.
Food for thought. I have security cameras covering my property and portions of the street and my neighbors property as well. Now, I fear for the possible consequences...
If the police tell you to go inside while an armed fugitive is at large and his accomplices are being taken into custody after a pursuit, you should comply. Or you could stand there screeching about imaginary clauses in the Constitution.
Why was she *filming* the traffic stop?
Sounds to me like she was hoping to film some “police brutality”. She had no other reason to film the incident, and in so doing, she was harassing the police officer.
She was not merely watching from her porch, she was trying to create an “incident”.
I don’t think she is an innocent victim at all.
She was convicted.
How did you get 100 yards of it? And did you have your speakers turned down?
She wasn't charged with being "armed."
The officer did make multiple statements. His first was "Get in the house" at time 1:34. There was cross talk between Gibson, her father, and her neighbor, but given the officer was using a bullhorn, because he was so far away, you can hear the officer continuing to speak.
The number of times legally should not be relevant, without considering if the subject is allowed to reasonably comply. Gibson, her father, and her neighbor are visually and verbally complying by 12 seconds later. This is not a a no-knock warrant. What is the reasonable time to comply? Given the significant distance between the cop and the subjects, and the fact it was dark, how could he tell they were resisting the 11 seconds before their backs were turned tot he cop?
This prosecutor and judge need to be voted out.
And in an area where police had previously been struck by rocks and bottles thrown at them by bystanders during arrests.
Why do people *own* guns?
Why do people *publish* newspapers?
It's highly relevant.
She was convicted.
That is not an explanation and even you know that.
Didn’t say she was.
So living in a bad neighborhood means you have to live with fewer civil rights than those who live in good neighborhoods?
Isn't that the argument Daly uses to ban guns in Chicago? We have it bad here so we should not have second amendment rights?
Re: It’s as simple as starting you own news blog. That’s exactly what I did over a year ago. You have no idea how much influence you will have in local government.
http://www.freerepublic.com/focus/f-news/2575541/posts?page=7
Sure it is. She was arrested and convicted for violating the law in question.
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.