IDK personally.
I was unable to find anything on point in NY law with a quick google, but this site indicates police only need "probable cause" and that can satisfied by information from witnesses. I suppose the merchants who complained might qualify as witnesses.
http://criminal.findlaw.com/criminal-rights/when-is-an-arrest-a-legal-arrest.html
IDK that they went there with the original objective of arresting him. I suppose it's possible that they were initially there just to question him. I have seen police cuff people when they just want to question them. I've seen them tell the person that they are not under arrest at this time, but just want to question them etc. IDK what the NY laws or practices are.
But in my experience, whether to arrest or question, if the police want to handcuff you, it's gonna happen. Resisting just ensures it's going to be an arrest as opposed to just questioning. I guess I'm suggesting the possibility that this wasn't going to be an arrest until he resisted.
Fern
I have a hard time defining what that man did up to the point at which the cop jumped on his back as "resisting arrest." Being argumentative isn't resisting.
definition of resisting is open to interpretation..so....
Its so hard to tell though with the video what they were saying...I'm sure there are very smart and well versed professionals that went over every second of that video to determine if he was resisting, threatening, or whatever...to the cops...verbally.
BUT
Even after the cop jumped on his back...and after holding his hands up in the air in what can be interpreted as an an act of non-violence and submission..the man was going down because of the acts of the cops..at no point do I see resisting arrest.
I see a man struggling under the weight and actions of 4 armed cops. I see a man trying to go down without the use of his hands, as an indicator that he chose NOT to engage in any physical confrontation. If I'm going to interpret his actions as "resisting" how can I then flip the logic and interpret his hands up in the air as being anything other than submission???
I see a man going down as SAFELY as he can without the use of his hands and with 4 armed officers tugging at him in every which direction which could have resulted in injury..again because the man chose not to use his hands in any way that could be construed as confrontational, if it takes 4 men to take him down...is he really resisting ANYTHING? no..he is going down..and his actions indicate he is trying not to hurt himself in doing so...AND he is pleading for help. That much is clear in the video.
Maybe you see my point. "resisting" arrest is flimsy..at least according to what happened on the video. I see the exact opposite actually. I see the cops creating a scenario where they could justify taking a big man down. Frankly I see a predatory maneuver by at least one of those cops..to re-position to the man so they can get physical. Everything that people are accusing the VICTIM of doing..I actually see the cops being the perpetrators of and the confrontational parties involved in this scary incident. Sad, but true.
I see a man that recognizes he is outnumbered..chose a NON CONFRONTATIONAL stance...continued communication to the cops to "Leave me alone!!" and I see cops circling him all whilst this is taking place.
And lastly, I see a cop place a choke hold on the man, while the man has his hands in the air in an effort to remain non physical in the confrontation.... and I don't see him release the hold until the man is on the ground, lying motionless.
Play a little game with me, close your eyes and change the roles..the victim is now a big angry white man...and the cops are all black. Now honestly ask yourself...how do you feel about that? Play the video in your head...this time, change the races...ask yourself who is being confrontational? turn off the volume...look at the non verbal communication. I see a frustrated SCARED and ANGRY man who sees a whooole world of hurt coming his way.
imagine if there wasn't a video..we probably wouldn't be having this conversation.
I should move this to the right thread..apologies forum overlords.