I don’t disagree that SCOTUS ruled that these sorts of laws are unconstitutional. However it is VERY impractical to leave the dissemination of that fact to thousands of individual LEOs who have only a rudimentary knowledge of law, at least in comparison to legislators and judges. We can’t trust them to wade through the intricacies of every SCOTUS decision for the last few decades and decide for themselves how it applies to a similar statute in their jurisdiction. It’s not their job, and it shouldn’t be their job.
So what?
Again return to the speeder. Let’s say not only is he pulled over for doing one mile per hour over the speed limit, but other cars, going faster, whiz by the roadside stop.
Even that does not give him the right to shut his car door and refuse the citation.
You’re never going to get it, are you?
OK, I read the link in yojimbo’s post, and I think the arrest stands. The Kuhn’s were incorrect to assume as they did that they needed to be under arrest in order to provide identification to a peace officer. Failure to provide said ID (under Hiibel) would lead to the resisting charge, which then becomes the “bigger” crime, for which the officer is entitled to effect an arrest, and the door was just another attempt to resist a lawful arrest.
Just because “nobody bothers” to enforce a particular law, does not make the enforcement of said law incorrect or illegal until a high court in the state where the law exists decides it so.
The flag charge is GOING to be tossed, the resisting charge just may stick.
Gah! The above was intended for Diogenes, not Bricker or Cheesesteak.
Thank you for your post, Bricker, but what about the mens rea of the couple? If they didn’t know that being asked for ID constututed a legal detainment (I didn’t know that), and they didn’t know that closing the door was “resisting arrest,” then did they commit a crime. Everything that commenced after that would appear to be a defensive response to someone breaking into their house and attacking them. They ran away from the deputy and called 911. How many people call 911 when they’re trying to resist arrest or assault a police officer?
I don’t see any intent to resist arrest or commit assault here.
What do you think about the deputy lying about having the door slammed on his hand?
Oh, well cool then. This could be the first time you haven’t disagreed with me. 
As has been stated before, ignorance is no excuse under law.
And we still don’t know if the deputy did lie about the door. Where did he get his injuries? And no, they’re not consistent with punching through a window.
I think he would have claimed the same thing if a piece of a leaf from the wreath on the door floated free and got stuck like a speck in his eye.
The resisting charge stands.
I think that people know they can’t refuse to accept a ticket for a traffic violation. I don’t think they know (as I did not) that closing the door on a sheriff’s deputy at one’s home could be construed as resisting arrest (unless he’s saying “you’re under arrest.”) I didn’t know that a person being written a citation on his doorstep was considered to be under arrest. If I don’t KNOW that closing the door is resisting arrest, am I guilty of that crime?
Yep.
This is an of stated platitude but it isn’t always true. In order to commit a crime, you have to intend to commit a crime.
Yes we do. A disintersted witness saw the whole thing. He smashed the window himself. There is no longer any credible dispute about this.
In what way are they inconsistent?
Even if there weren’t a witness to contradict this, it doesn’t make sense. Having your arm slammed in a door would crush it, not scrape it. “scrapes and cuts” are consistent with breaking glass and putting your arm through it. You believe that he had his arm slammed in the door, pulled it out somehow, suffered only scrapes and cuts from this, then with his other hand, broke out the window, then for no apparent reason decided to lie about it, changing the story so as to make it seem completely implausible. And why did he do this? If his arm were stuck in the doorframe, it would be impossible for someone to lock the door. He could have gained entry simply by pushing the door open at that point. It’s absurd.
Cite?
If you think (to use your technique) it’s ok to hit a baby with a ball peen hammer, and didn’t know it was against the law, is your ignorance of the law a permissible excuse?
Cops hate it when people stand up for their rights in the face of their police power. Tell them you are not recognizing their demands because you have broken no laws,will result in an arrest for not following the cops orders. Then resisting arrest rears its ugly head. They have dirty little tools to make you respect their authority.
When they go to court ,the cop will say they instigated all and he felt threatened. If they win ,they will get pulled over endlessly. They can not win except it feels good to do the right thing .
That’s not always true either, such as in statutory rape cases.
It’s not as though they didn’t know he was an officer, or that they were shutting the door in his face as he asked them for ID. They knew they were hindering his investigation, such as it was, and fully intended to defy his requests, because they thought he didn’t have authority to make them.
There are people who think the IRS doesn’t have the authority to take income taxes, but that fact won’t keep them out of prison.
You’re a sad little monkey.
Well, scrapes and cuts are consistent with tangling with a common wood or wood core residential door, even having your arm or hand slammed in it, because your first instinct would be to yank it out, causing said scrapes.
It’s plausible, just, as we’re finding out, not likely.