I want to put you in jail but you're not doing anything that's currently illegal enough to do so. I know, I'll make up a new crime.
Have a gun in your possession when you're caught going 5 mph over the speed limit? Automatic 10 year sentence.
I can think of other ways to throw your ass in jail if you want me to.
The very definition of a police state, i.e., the police can put you in jail if they want to, no exceptions. Under the rule of law, which is the opposite of a police state, the laws are designed such that anyone can choose to remain completely within the law at all times, thus (short of fraud on the part of a cop or other government official, which itself will, as a matter of law, be investigated, prosecuted, and severely punished) immune from the threat of arrest.
