“Resisting arrest” is a euphmeism, most places. The actual statute is usually more complex than that. In Nevada, it’s worded like this:
NRS 197.190 Obstructing public officer. Every person who, after due notice, shall refuse or neglect to make or furnish any statement, report or information lawfully required of the person by any public officer, or who, in such statement, report or information shall make any willfully untrue, misleading or exaggerated statement, or who shall willfully hinder, delay or obstruct any public officer in the discharge of official powers or duties, shall, where no other provision of law applies, be guilty of a misdemeanor.
[1911 C&P § 540; RL § 6805; NCL § 10486]
Careful reading shows that this covers physically resisting an arrest, but also giving false information, or failing to give information when required to do so. Further, it covers someone who chooses to “hinder, delay, or obstruct” an officer.
Ms. White was just going to have no part of this officer’s stop. Instead of surrendering her driver’s license to a peace officer on demand, as is required in most states, she decided to argue and makes calls on her cell phone. People have been trying these tactics for a long time, with many variations, and it seldom works out well for them.
You may not like it, but you’re generally required to do what you’re told by a police officer when you’re on a highway, and in many other situations, as well. If you think you have been mistreated, make a complaint at the police station or challenge the action in court when the incident is concluded. If you decide to press the issue at the side of the road, you are going to lose nearly every time. Had Ms. White gone along with the program, she would have been on her way in a few minutes with nothing more elaborate than a traffic ticket, which she could have contested later in court. Instead, she decided to show this officer that she didn’t have to do anything he said. You saw how that worked out for her.
Read other answers by Tim Dees on Quora:
- Is it ever legal to resist arrest?
- If a police officer is outside my house, saying he will arrest me if I come outside, can he actually arrest me for going outside?
- What is 'false arrest'?
from Quora https://www.quora.com/Why-should-the-charge-of-resisting-arrest-be-prosecuted-even-when-there-was-no-cause-for-arrest/answer/Tim-Dees
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