Resisting Unlawful Arrest?

[Axxe55]

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.

Actually in Texas you can by exceptions of the statutes. Texas Penal Codes 9.31, 9.32, 9.41 and 9.42 IIRC.

Evem though legal, you still have to prove that you had justification. And unless you have some really, really good proof to support why you did, more than likely they are going to side with the officer and against you.

The justice system is lopsided in too many ways. Not a smart move.

 

[majormadmax]

Only a idiot would resist arrest. You can debate the issue with the officer, but once he/she decides to hook you up, you're best move is to cooperate and please your case with the judge.

Plus, if it is an illegal arrest, you'll have a dandy civil lawsuit on your hands!

If you get into a fight with the cop, you won't win; and later on when that dandy settlement rolls in, you won't have the ability to enjoy it.

If you are innocent, you will get your chance to prove it. Know when to do so.

 

[etmo]

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!

Almost perfect - one tiny addition!

SCOTUS has held that you must affirmatively invoke your right to remain silent in order to positively defend against certain accusations. Yes, believe it or not, you have to speak in order to get the full benefits of your right to remain silent!

So do everything Axxe just said, in the order he said, and add, "And I am invoking my right to remain silent". This is because of SCOTUS' decision in Salinas v. Texas -- once you speak to the cops voluntarily (as you will do when you tell them you want to consult with an attorney), you must then also tell them you wish to exercise your right to remain silent, or else they can use the fact that "you suddenly fell silent when questioned about the crime" in a trial against you as incriminating evidence.

CA Supreme Court had a similar decision. Dude went silent, and they let the prosecution claim, in court, that the dude "expressed no concern for the well-being of the victims". So by affirmatively invoking your right to remain silent, you create a positive defense against those types of statements being used against you as incriminating evidence.

 

[FireInTheWire]

My Dad always told me "pick your battles wisely."

 

[Axxe55]

Almost perfect - one tiny addition!

SCOTUS has held that you must affirmatively invoke your right to remain silent in order to positively defend against certain accusations. Yes, believe it or not, you have to speak in order to get the full benefits of your right to remain silent!

So do everything Axxe just said, in the order he said, and add, "And I am invoking my right to remain silent". This is because of SCOTUS' decision in Salinas v. Texas -- once you speak to the cops voluntarily (as you will do when you tell them you want to consult with an attorney), you must then also tell them you wish to exercise your right to remain silent, or else they can use the fact that "you suddenly fell silent when questioned about the crime" in a trial against you as incriminating evidence.

CA Supreme Court had a similar decision. Dude went silent, and they let the prosecution claim, in court, that the dude "expressed no concern for the well-being of the victims". So by affirmatively invoking your right to remain silent, you create a positive defense against those types of statements being used against you as incriminating evidence.

Yes, you have to invoke or declare to the LE officers that you are exercising your right to speak with counsel, and that you wish to remain silent until you have spoken with counsel.

Trust me, I didn't mean to imply you should just shut up and let them assume you are invoking your rights!

Many people get into a jam with LE, and because they don't want to get arrested and spend the night in jail, they think cooperating, or telling their side will get them a pass. Not happening! You just became their best witness against you when it goes to court! Remember that line in the Miranda Warning, "anything you say, can, and will be used against you."