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.
"I just want to say that I am not at all from the Salsbury area and just heard about this on a different news site. You should consider it embarrassing that the rest of the world is hearing about how messed up your local PD is.
For all those people that are claiming it was for her own safety please answer the question of why she was the only person singled out for arrest out of several people watching. Could it be that the police don't want to be held accountable (by cameras) for how they handle their jobs?
Disobeying an order that violates your rights is NOT a crime."
How do I officially declare myself an independent journalist so I can have first amendment freedoms?
The traffic stop came at the end of a pursuit in which one of the three passengers jumped from the car and fled on foot. The suspect was armed and carrying drugs.
Other people were ordered inside and they complied. Gibson refused that lawful order and the jury convicted her.
When a cop comes onto your property to arrest you, does he not need a warrant?
Or, if a cop comes onto your property to arrest you WITHOUT a warrant, because he sees a crime taking place, what is the crime? In other words, if I am on my porch taking pictures, is this against the law?
This is a false arrest. The charges must be dropped and the innocent person must sue the town.
A little late for that. The jury which heard the case already convicted her.
in my experience, when a cop engaged in a lawful action says screw you screw.
less you want a buttload of legal expenses.
How is it lawful to order people about on their own property?
I don't know much about N.C. law, but in Pa. district court only determines whether there is reason enough to hold a trial in matters of misdemeanors and felonies and cannot make a verdict.
Anyway, it doesn't look like any jury was involved based on the news story.
I don't see the relevancy. It was in front of her house. If it were in front of my house, I would be out there looking to see what was happening. The cop should have been more concerend about catching his druggie than harrassing an onlooker.
Other people were ordered inside and they complied.
Sheep.........
Gibson refused that lawful order and the jury convicted her.
IMO- the jury consisted of sheep also.
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.
The Judge said pretty much the same thing.
“Judge Dixon said Gibson could have observed from inside her home.”
http://www.salisburypost.com/News/082110-Felicia-Gibson-guilty-resist-arrest-Mark-Hunter-qcd
It was not a jury trial. Get your facts straight first.
The second point is, the audio of Gibson's video proves she complied with the officer's order within 10 seconds, entering her house.
Third, the officer entered her house to arrest her.
Fourth, the local paper editorial could not figure out why the police singled Ms. Gibson out, given there were other bystanders around. Most believe it was because she was videoing the incident.
Whre do you get jury from? The story says judge and judges can be just as ate up as cops. I am more bothered by a judge that would uphold arresting somebody for videotaping a cop on the job than I am by the cop arresting her.
North Carolina General Statutes, Chapter 14, Subsection 223 (G.S. 14-223)
Anything a lawman tells you do do is a lawful order, apparently.
Yes, that is sarcasm.
Does your house have windows?
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