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Resisting Unlawful Arrest?

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  • Axxe55

    Retiretgtshit stirrer
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    Morally right, maybe. Legally allowed, rarely. Tactically smart, basically never.

    The only scenario I can think of when resisting arrest would be smart is if you're in a situation where you know you're not going to be given due process.


    In this day and age, not getting due process would probably be very rare.
     

    TexasFire316

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    The one to determine whether an arrest was unlawful is a judge. I learned pretty quickly when I was a teen to keep my mouth shut and go with the deputy and give the judge my side of the story. Cops don't make laws, they enforce them. Lawyers don't care, they just want your buck. Wait for the judge.
     

    Hoji

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    Ch. 9
    c) The use of force to resist an arrest or search is justified:

    (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

    (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

    Doesn't mean it is the wisest course of action.

    Highlighted is the rub.
    LEO:Put your hands on my car.

    Roadside Genius: No.

    Genius has just offered resistance, thus given permission for LE to whip their ass( use what ever force is “reasonably” necessary to make the arrest)
     

    Mowingmaniac 24/7

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    Given how LE has been thrown under the bus all across the U.S., and yes de-funded in a lot of those same places, how about we try to support them as we really, really need them.
     

    TheDan

    deplorable malcontent scofflaw
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    In this day and age, not getting due process would probably be very rare.
    Yeah the days of some Sheriff Teasle illegally not giving you due process are thankfully gone, but now there's more legal avenues to deny you due process. Wouldn't be surprised if at some point in the future III%ers and Patriots for America get labeled terrorists.

    Also thinking back to the BS that happened during Katrina. All those cops that were confiscating guns deserved to be resisted.
     

    jordanmills

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    Ch. 9
    c) The use of force to resist an arrest or search is justified:

    (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

    (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

    Doesn't mean it is the wisest course of action.
    Yep. Good luck proving it.
     

    jordanmills

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    Given how LE has been thrown under the bus all across the U.S., and yes de-funded in a lot of those same places, how about we try to support them as we really, really need them.
    Maybe they should have thought of that before they treated non-LEOs like second class citizens. Read up on the harding street murders and twerp gamaldi for a recent example.
     

    pronstar

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    Given how LE has been thrown under the bus all across the U.S., and yes de-funded in a lot of those same places, how about we try to support them as we really, really need them.

    I generally like cops.
    Trust cops.
    Lots of cop friends.
    Hell, I still see them as heroes.

    To your point, I won’t let a few bad apples spoil my general opinion of cops.

    But knowing what their job is, by choosing to keep my mouth shut, that’s exercising my rights.

    Cops tell their own kids not to talk to the cops.


    Sent from my iPhone using Tapatalk Pro
     

    Axxe55

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    For the most part, I do still support and think highly of those in LE. Yes, there are a few bad actors in LE, but please tell me ONE profession that doesn't have bad actors in it?

    IF you feel an officer is going beyond his authority, or infringing upon your rights, for the most part, it's just not smart to argue or fight with them over the issue. It serves you no purpose and 99% of the time you will not be the victor.

    IF you really think or feel they did wrong, sign a formal complaint with their supervisor, the chief, the sheriff or whomever is in charge. Everyone has a boss! If that fails, hire an attorney to file a complaint on your behalf.

    Unless your life, or the life of another person hangs in the balance because of the actions of the officer, resisting arrest is not a smart move.
     

    Texasjack

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    There's a great scene in the first season of Better Call Saul where one of the main guys, Mike, gets picked up by the cops for questioning. (He's an ex-cop, and was a dirty one.) As they try to get info from him, Mike alternates saying, "Lawyer", or "Attorney" over and over. Eventually, the attorney does show up, gives the officers some grief and then walks Mike out of the station.
     

    Axxe55

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    Anytime you are questioned by LE, assert your right to counsel, that you want to speak or confer with your attorney. Legally, by law, once this is asserted, all questioning has to stop. Then, exercise your right to remain silent!

    One of the tricks of questioning, or in an interrogation is, we are just talking! Hmmm......Simple question, if that is used, "Am I free to leave?" if the answer is no, they you're essentially under arrest. Please read me my rights, and I need to consult with my attorney, then keep your mouth SHUT!
     

    Maverick44

    Youngest old man on TGT.
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    Thoughts?


    Can you? Legally in some states you can. For all intents and purposes, I do not believe Texas is one of those states.

    Should you. Not only no, but HELL FRICKING NO. There's a multitude of reasons why doing so is a very bad idea, not the least of which is the 5 officers who will forcibly arrest you regardless of your thoughts on the legality of the arrest. Tasers hurt, OC spray burns, and bullets kill.

    Fight it in the courts, not on the street.
     
    Last edited:
    Every Day Man
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