Editorial: Watching is a crime?

The resisting-arrest conviction last week of Felicia Gibson has left a lot of people wondering. Can a person be charged with resisting arrest while observing a traffic stop from his or her own front porch?

Salisbury Police Officer Mark Hunter thought so, and last week District Court Judge Beth Dixon agreed. Because Gibson did not at first comply when the officer told her and others to go inside, the judge found Gibson guilty of resisting, delaying or obstructing an officer.

Gibson was not the only bystander watching the action on the street. She was the only one holding up a cell-phone video camera. But court testimony never indicated that Hunter told her to stop the camera; he just told her to go inside.

Asked to explain the charge of resisting arrest, Salisbury Police Chief Rorie Collins provided general comments. He was not discussing the specifics of the Gibson case.

Post: What is “resisting arrest” or “resist, delay, obstruct an officer” in the performance of his/her duties?

Collins: “These are basically the same charge. Some call the charge simply “resisting arrest,” and some call it by its longer and more official title. This crime can be found in the North Carolina General Statutes under chapter 14, subsection 223 (G.S. 14-223).

“This crime is considered a Class 2 misdemeanor and involves:

“Any person who shall willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge a duty of his office.

“Obviously, this charge is rather broad and can encompass many different types of actions that are designed to, or serves to hinder a law enforcement officer as he/she performs their duties.

“This charge is most commonly used in situations where a person who is being arrested refuses to cooperate and either passively or aggressively resists an arrest or tries to run away.

“Another very common situation in which this charge is used involves instances when an officer is conducting an investigation and the individuals with whom he/she is dealing provide a false identity when required to identify themselves.

“As you can imagine, there are also many other circumstances in which this charge would be appropriate.”

Post: If the police stop someone in a car in front of my house, do I have the right to stand in my yard or on my porch and watch?

Collins: “The answer to this question is not quite as clear cut as the first. The short and quick answer is, ‘yes,’ in general, you do have that right!

“However, just as with many other scenarios, it is important to remember that every situation is based upon its own merits/circumstances. There are some circumstances in which the police who have stopped the vehicle in front of your house may determine that it is in the interest of safety (the officer’s, yours or the individual stopped) to require that folks move. As with other circumstances, it is best advised that an individual merely obey by the officer’s commands.”

To draw our own conclusions, Hunter could have felt that he, the bystanders or the suspects were in danger that night on West Fisher Street. No problem there. But concerns about safety do not explain why Gibson was singled out for arrest. That lingering question will have even the most law-abiding citizens wondering where their rights stop and police authority starts.