Note, please, that I stated that it's not smart to resist, even if you technically have the right to resist an unlawful arrest. Here's the problem... Worst case scenario, you are truly innocent, and can prove it. Great... The question of authority to arrest isn't whether you can prove your innocence; it's whether there is PROBABLE CAUSE (facts and evidence that would lead a reasonable person to believe it is more likely than not that the accused committed the act in question) to support the arrest. If the officer had PC -- it was a lawful arrest. (By the way, if the arrest is pursuant to a warrant obtained, the cop HAS to arrest you per that warrant.) So... here you are, truly, absolutely innocent, and getting arrested. So you resist. You get thumped in the arrest, and you get charged with resisting arrest. The initial charge is dismissed as you provide your perfect alibi. All is well, right? NOPE. The resisting charge sticks, and you end up doing time.
The best advice I have for anyone who finds themselves being arrested IN THE USA for anything is to go with the program. Address the charges later, probably with the advice of an experienced criminal defense attorney. Otherwise -- all you do is buy yourself problems, and likely injuries.
Drifting back to the incident here -- Carol had a great point. At 3 AM, there are only a few types of folks typically in an IHOP or other all night restaurant. You'll find some cops. You'll find some other night shift workers, or folks who start their day that early. But mostly? You'll find drunks, especially on weekend nights. Folks who left bars, and are hanging out... and have questionable judgement at the moment. Kind of a recipe for unpleasantness, huh?
