Originally Posted by
Kerlenbach
Generally, you cannot legally be arrested for refusing to obey an unlawful order. Nothing I have read here provides any reason to think that the officer's order was legal, so refusing it also would have been legal. Nevertheless, you probably did the right thing by backing down. Making a report to the chief, however, is necessary.
Yes, not legally arrested, but you can get arrested for anything. Arrested. The court may later call the arrest illegal, but you still get arrested. In Washington State you cannot even resist an unlawful arrest, unless you reasonably believe you are about to be killed or maimed. The law is wrong, but that's the law... for now.
The favorite fallback position for the LEO is to arrest you for 'obstructing' for failing to obey an order while the LEO 'sorts things out; or for 'disorderly conduct,' AKA, 'contempt of cop.'
Remember, when the court later reviews events, the court is not god. The trier of fact is not omniscient. It may not see things the way you 'know' they were.
The court is supposed to base it's factual determination on the evidence before it, but they frequently side with the police officer's version, regardless. It's not right, but thass the way it goes.