Talk:Resisting unlawful arrest
|WikiProject Law Enforcement||(Rated Stub-class)|
Really, a Defense?
- I don't know what to say. Your statement 'lacks legal veracity'. Plummer v. State? John Bad Elk? Runyan?
- “An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).
- “Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. Affirmed by the Supreme Court in John Bad Elk v. U.S., 177 U.S. 529: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.” Lintsniffer (talk) —Preceding undated comment added 19:35, 7 May 2012 (UTC).
- Is fair enough. Some people choose to resist arrest for specific reasons. As a political statement. I was in the wrong to present my opinion on the matter rather than present what I know of the law. My apologies. ILFoxtrot
Physically resisting arrest, even if the arrest is unlawful, is generally not a great idea. Although the officer, at the time of arrest, may be arresting you illegally, later the officer can change his story and will usually be beleived over a private citizen. If the officer (or prosecutor) can convince a judge that you were arrested for legitimate reasons (even if you were not) you could be convicted of resisting arrest (often a misdemeanor) or even assulting an officer (a felony). Either of these crimes (especially a combination of the two) can land you in jail for an extended period of time (possibly several years).
In addition to being sent to jail for several years, there is the possibility of never making it to a court. An officer can respond to force with force. If the officer perceives a threat to his life he or she might shoot you.
If you believe that you are being arrested unlawfuly remember everything that happened and contact an attorney as soon as possible (you should try to find an attorney specialized in civil rights or criminal law). The attorney can help you to find information that may help in showing that the officer involved had a history of general disconduct which will strenghthen your case. —Preceding unsigned comment added by 22.214.171.124 (talk) 23:33, 21 July 2010 (UTC)