I don't think police take people into custody without asserting some law has been broken - however wrong they may be. That's why the court is there. Fighting the police in real time is the worst way for an individual to change the system without ending up a martyr at best. Smart people don't fight the police directly...they change the leadership over time.
I agree wholeheartedly that smart people don't argue with cops, because you will lose every time, regardless of the merits (that seems to be what happened in the recent unpleasantness with the woman who may or may not have hanged herself in jail--she failed to, in the words of Eric Cartman, respect his authoritah, and as a result went to jail for the crime of failing to signal while changing lanes).
Whether or not this is the smart play does not, however, make it the just one. In a JUST society, we would discipline those who casually abuse their authority in an attempt to simply cut off debate about whether or not they are correct in their actions, and not argue about whether the victim of that abuse deserved it or not. Imagine a world where Rosa Parks simply obeyed the order to go to the back of the bus, that civil rights marchers simply obeyed the orders to disperse, and everyone else in that era simply did what they were told--because in the end, this is what "smart" people are advocating.
Once upon a time, our smartest people did not simply accede to the demands of power. Today, we do. You get the government you deserve.