— Greenpeace USA (@greenpeaceusa) January 26, 2017
Have you noticed #resist on social media? Unless you live under a rock, the answer should be an emphatic yes! Its rise in popularity appears to be a result of the election of Donald Trump. For example, after his first Muslim ban, #Resist and #TheResistance appeared in over 2.5 million tweets , per mashable dot com. Personally, I have come across it in other social media platforms, too. Additionally, as shown above, resist appeared near the White House hanging from a crane on a giant Greenpeace banner. Well-played, Greenpeace. Nevertheless, the proliferation of #resist and its variations is not a movement unto itself. Instead, it appears to have no single organizing force, no set name, and no specific agenda, per mashable dot com. On another note, without discouraging their joie de vivre, activists should know laws against resisting arrest before they protest.
Resisting Arrest In The News
Medford cops arrested a woman who allegedly yelled obscenities and banged on car windows, per the news. They observed her allegedly screaming, agitated, and walking on the front lawns of residences. Police claim she refused to talk to them. And when they tried to place her in handcuffs, she allegedly resisted. Consequently, the cops charged her with disorderly conduct and resisting arrest, and lodged her in the Burlington County Jail.
And in an unrelated incident, Atlantic City cops arrested a different woman after she allegedly stabbed her son’s girlfriend. Additionally, she allegedly cut her son’s finger when he tried to defend his girlfriend, per the news. Indeed, the cops claim they observed her holding a large butcher knife and threatening people when they arrived on scene. Furthermore, she allegedly resisted the police efforts to arrest her. Therefore, the cops charged her with aggravated assault, simple assault with a weapon, weapons offenses, and resisting arrest.
Of course these incidents have nothing to do with protest. The law against resisting arrest, however, applies with equal force to political protestors.
Resisting Arrest, N.J.S.A. 2c:29-2
- Except as provided in paragraph (3), a person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.
- Except as provided in paragraph (3), a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.
- An offense under paragraph (1) or (2) of subsection a. is a crime of the third degree if the person:
- Uses or threatens to use physical force or violence against the law enforcement officer or another; or
- Uses any other means to create a substantial risk of causing physical injury to the public servant or another.
It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.
- Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c.401 (C.12:7-71), on the waters of this State, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person. For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the person’s conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that person’s driver’s license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.
In the case of a person who is at the time of the imposition of sentence less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court. If the driving or vessel operating privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this Title, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement.
Upon conviction the court shall collect forthwith the New Jersey driver’s licenses of the person and forward such license or licenses to the Director of the Division of Motor Vehicles along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section.
The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle or a vessel, whichever is appropriate, during the period of license suspension or postponement imposed pursuant to this section the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of violation of R.S.39:3-40 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is appropriate.
If the person is the holder of a driver’s or vessel operator’s license from another jurisdiction, the court shall not collect the license but shall notify the director who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person’s non-resident driving or vessel operating privileges, whichever is appropriate, in this State.
For the purposes of this subsection, it shall be a rebuttable presumption that the owner of a vehicle or vessel was the operator of the vehicle or vessel at the time of the offense.
Burlington County Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding resisting the police. Call Now—(856) 812-0321.