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Comment Re:FUD campaign carries on (Score 4, Informative) 34

Exactly. People often forget that the same Amendment to the Bill of Rights that protect us against unreasonable searches and seizures also describes search warrants as an exception: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. In other words, if the cops have a warrant (that was otherwise honestly obtained), the search and seizure is *reasonable* under the Bill of Rights.

Comment Re:I guess... (Score 1) 485

Your story about the "guy you knew in college" aside, you can most certainly be arrested for "resisting arrest" and nothing else. While state laws vary, when a police officer legally impedes your freedom of movement and you refuse to comply, you have resisted arrest. In other words, when an officer legally detains you (such as he might when writing you a citation for jaywalking or pulling you over for running a stop sign), you are legally under arrest, even if the encounter would otherwise end with no Miranda rights being recited or handcuffs be put on. If you resist this detaining or refuse to obey an otherwise lawful order (not request, an order), what you can be charged with in many jurisdictions is "resisting arrest."

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