[GunLawyer001]

I read of a case some years back, pretty sure it was in PA, where a cop demanded that a woman open the trunk of her car, which was parked outside her apartment. No probable cause, no warrant, no plain view, no exigent circumstances, nothing. She refused, and instead went into her apartment building. He then attempted to arrest her. She declined to cooperate, and in fact broke his nose in the process. She was then arrested for "resisting arrest", as well as for assaulting the cop.

In court, she was acquitted of all charges. The cop had no basis for arresting her, and he couldn't create a basis after the fact, so the "resisting arrest" charge went away. Also, since the arrest was unlawful, her efforts in declining to be handcuffed were excusable, even with the cop's busted nose.

I have mixed feelings about this. Cops are often ignorant of the law, but most citizens are, who seem to believe that they have unlimited rights but no obligations. Most arrestees think that the arrest is unwarranted. Should we encourage them to resist using deadly force? Or should we demand that all citizens bow to the asserted au-thor-i-tay of whatever buffoon in blue seeks to slap on the cuffs? Either way, there's a potential for abuse. What should your busty girlfriend do when a stranger in uniform demands that she accept the cuffs and get in the back of the van, when she knows for a fact that she's done nothing illegal?

On a related note, I'm not so sure that it's wise to demand that citizens submit whenever anybody "identifies" himself as a police officer. That's an easy way to accomplish a home invasion, just flash a tin badge and claim to be a cop. Combine that with the increasing trend for cops to shoot anyone with a gun in his hand, and we homeowners have a hard choice when the door is kicked in and someone shouts "police".