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Officer Cicero writes:

" The video shows the Officer taking out his handcuffs and Mr. Harris beginning to tense and bring his arms in. That's enough for an APO charge."

If he's right that tensing and bringing one's arms in -- a natural reaction for anyone who is not accustomed to being handcuffed -- is enough for an APO charge, the law needs to be changed. I am a lawyer and I wouldn't even consider that sufficient for a "resisting arrest" charge unless the arrestee continued to resist after a warning. It certainly does not constitute "assault" in even the broadest understanding of the word.

I do not presume that the police misbehave, but I also do not presume that they do behave. For every videotape of excessive force there are undoubtedly many more instances where police act improperly and then charge individuals with "resisting" or "APO." The police assault on the bicyclist in New York City a year or so ago comes to mind.

And the fact that policing is dangerous and that police officers are, indeed, sometimes assaulted cannot be the all-purpose, all-immunizing answer to the very real problem of officers who think they are the law, and who think "contempt of cop" is a crime.

by Bill on May 28, 2011 6:24 am • link • report

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