imported post
coolusername2007 wrote:
It is not up to the arrestee to determine the lawfulness of the arrest at the time of arrest. There are dozens of factors involved that cannot be addressed in that few moments.
1) Do you have the right to resist an arrest that is lawful, but you feel is unconstitutional.
2) Do you think that the officer has to explain his entire investigation and fact pattern before he arrests you?
3) Say you think that "youdid not do anything wrong". Do you have the right to resist? How do you think that alcohol, high emotions or drugs may play a role in your perception of the facts at the time?
4) What if an officer responds to a bank robbery in progress and a citizen points you out as the armed robber? Do you have a right to resist or should you go along and cooperate until the situation is cleared up?
Do not physically resist an arrest. Seek civil remedy.
Let's not even bring into the equation the difference between an arrest and a detention.
coolusername2007 wrote:
You should not be surprised. If you are unlawfully arrested, there is always the civil route. Lots of people have collected lots of money over the years.pullnshoot25 wrote:Why am I not surprised.coolusername2007 wrote:About as many as actually do their jobs correctly, which is very few...pullnshoot25 wrote:Very interesting read. I wonder how many CA LEA's and LEO's know about this?dirtykoala wrote:http://www.constitution.org/uslaw/defunlaw.htmI think you can defend yourself from them, but you will not win.
California has outlawed resisting an unlawful arrest by a police officer though, only one of 5 states to do so and, as usual, unconstitutional.
It is not up to the arrestee to determine the lawfulness of the arrest at the time of arrest. There are dozens of factors involved that cannot be addressed in that few moments.
1) Do you have the right to resist an arrest that is lawful, but you feel is unconstitutional.
2) Do you think that the officer has to explain his entire investigation and fact pattern before he arrests you?
3) Say you think that "youdid not do anything wrong". Do you have the right to resist? How do you think that alcohol, high emotions or drugs may play a role in your perception of the facts at the time?
4) What if an officer responds to a bank robbery in progress and a citizen points you out as the armed robber? Do you have a right to resist or should you go along and cooperate until the situation is cleared up?
Do not physically resist an arrest. Seek civil remedy.
Let's not even bring into the equation the difference between an arrest and a detention.