"The 52 minute video shows Encinia approaching the car and asking if Bland is irritated. Bland says she is upset for being stopped for such a minor issue."
The trooper then asks Bland to put out her cigarette, which she refuses to do, setting off an argument that leads to Encinia pointing a taser at her and shouting: 'I will light you up.'
Bland asks at least 10 times about why she is being arrested before Encinia replies she is resisting arrest."
The old "you are being arrested for resisting being arrested" maneuver... An oldie but a goodie.
According to one story that was referencing the cop’s arrest report, he was not arresting her at the time he cuffed her. He stated that he was cuffing her for officer safety because she was hostile and threatening. Cuffing does not always signify arrest. Both TX law and SCOTUS have agreed that an officer can cuff a person, that is not under arrest, for the purpose of officer safety. Once the interaction is concluded then the cop would remove the cuffs and let her go.
Unfortunately, she decided to fight the handcuffing so when she was asking about why she was under arrest, she may not of actually been under arrest at that time. This may have been her ignorance of the law. The cop may have only decided to arrest her once she decided to fight him.
Her actual arrest charge was for ‘assault of a public servant’. She was not arrested for resisting arrest or refusing to follow a lawful order or for a traffic violation.