The right to resist arrest and YOU!

a reply to: hopenotfeariswhatweneed

Pretty much, unless you live in South Carolina.........................


But it's never good for your health to backtalk a cop or do anything a cop tells you not to do.

Unless they are trying to protect their step-daughter and their celebrity and entertainment industry friends from prosecution, but that's a completely different story....................

a reply to: Shamrock6

Yup, pretty much. An illegal arrest is challengeable in court not on the streets.

a reply to: Shamrock6

OP, resisting tyranny, deception, wrongful accusation, and much more, can be quite difficult when met by power mongers, money mongers, and other corrupted, malignant aggressors and their complicit minions.

I suppose timing is critical when it comes to certain things. There are some bad cops, some do wrong, yes. Most of them, however, deserve respect imho.

Besides, theyre not really the ones pulling the strings.

a reply to: Shamrock6

So, in a nutshell (and to use the exact incident in that case), if an officer walks up to you while you're standing on the sidewalk and pops you in the head with a baton and takes a shot at you, you can shoot back and claim protection.

That may be the letter of the law but in actual application, shots fired and / or officer down call over the radio will bring them swarming like hornets, to rescue the officer and payback the 'criminal' that shot (at) him.

Oh yah sure you can file later if you like, from the morgue.

a reply to: Shamrock6

I think your post would have had more credibility if you had mentioned that all laws must be fair and just otherwise they are tyrannical and that you would not want them to be valid laws.

Had you been this nurse would you have just cowered backwards and let the cop do whatever he wanted to do to that patient?

If you did just cower back and let the cop for it, others around you might think you have a big yellow streak up your back.

This would be because you appear to be suggesting that the nurse should not have tried to protect the patient, considering the patient was in the hospitals care who have a legal duty of care to him.

Hopefully, the patient will sue the hospital for failing to protect him from assault while in their care and sue the cop force for damages for the crime of common assault. Hopefully he will also launch a private prosecution, or take out a commercial lien against the cop for the tort (a civil wrong) of assault.

originally posted by: intrptr
a reply to: NarcolepticBuddha

I told him I was speeding a bit, but hadn't noticed until I saw his lights.

Country bumpkins?

Go ahead and speed , drive intoxicated, have a nice night and you still confess 'a liitle bit' ?

Hopefully you kept both your hands on the wheel at all times., even when they say go ahead reach for you wallet, glove compartment, license.

Crikey mate!,,,he was just saying, a polite post.

regards,

bally

a reply to: Azureblue

If that's what you took away from my OP then I feel bad for your complete lack of comprehension.

originally posted by: Shamrock6
a reply to: Azureblue

If that's what you took away from my OP then I feel bad for your complete lack of comprehension.

Or the point was you just don't care as you are above the law, you know as an officer of the law.

a reply to: hopenotfeariswhatweneed

Did you want to discuss anything factual? Or just take the opportunity to give me your opinion about me yet again?

a reply to: Shamrock6

yes

a reply to: hopenotfeariswhatweneed

Sweet. Have at it

originally posted by: Shamrock6
Nearly every time this question comes up, somebody comes strolling along with the nifty seemingly lofty sounding constitution.org link that tells you "why yes, citizen, you most certainly do have the right to resist arrest!" What that person will not tell you is that nearly everything on that page is either a selectively quoted portion of no longer relevant case law or an outright fabrication.

Side note. My malware program doesn't want me to open constitution.org.

Cops are like a box of chocolates. You never know what you're going to get. I'm sure they look at the general public in the same way. I have only ever had three run-ins with police officers in my life. The first time I was 22 years old it was in a bar brawl. I was still kind of hyped up when the police arrived and started running my mouth and acting stand-offish. I quickly found out that that was not the way that you deal with police officers. The second time was a DUI here in Phoenix in the late 1990s. I was pleasant to the police officer and compliant. I went home that night and just had my car impounded. the third time was in Laughlin Nevada.. My ex myself and another couple went to the river to do some fishing on his boat. When we were finished we went into the Colorado Bell and had dinner and did a little bit of slot machine gambling. As we were leaving to go back across the bridge to Arizona we are pulled over by Clark County Sheriff's Department. Through his loudspeaker he commanded us to get out one at a time and get down on the ground. We complied. He then came and started questioning us where we coming from what were we doing. Even when is far to ask which one of us has been in prison. After about 10 minutes of this he told us the reason he pulled us over was there was four of us in the front of a pickup truck. My friend started to question why the hard-ass routine for something so simple. I'd nudged him said just get out of here. We were let off with a warning and left. Yes that police officer was out of line. Yes we probably should not have been treated like that for doing nothing wrong. But I didn't want to deal with anything else that happened and once my friend realized what I was getting at he agreed. We went back to Arizona and had a good laugh about it. So I would have to say that Shamrock is right. Just do what they tell you to do. If it goes beyond the normal then I'm sure the courts can take care of that. But none of it is worth any of the hassle for the police officer or for the person involved

Let's say you've done nothing wrong. You've never ever been arrested. The cop suddenly snaps because he's not getting his way and is frustrated after a long day of dealing with criminals and "problem people".

You know what? That person who's never been in handcuffs before is going to be terrified. In that moment "fight or flight" instincts that are perfectly natural and baked-in to our very DNA are going to take over.

That person is going to squirm and panic. Regardless if they don't consciously intend to "resist" or not, it can most definatley be viewed as "resisting arrest" by a police officer to later justify and exonerate them.

I'm not going to make allowances for bad policing from militarized individuals suffering from PTSD.

If cops want to be seen in a positive light, and if there are so many more "good ones" than bad ones -- it should be easy to expel and reject the so-called "bad apples". Hell, they should be more vocal than anyone (public included) about rooting out corrupt police who abuse their power.

a reply to: Shamrock6

does a person have the right to resist arrest?

No. I think that once the officer makes the decision to make an arrest on a person...because of probable cause...the person has no right to resist. But he does have the right to remain silent on the ride to the lock-up.

I think that if someone's life becomes interrupted by arresting officers, it's for good reason 99% of the time.


example of 1%

a reply to: Shamrock6

I've gotta ask, simply because I live in South Carolina. I might be a bit behind on this subject, so forgive me, but how do you figure that one can resist arrest in South Carolina?

I'm pretty sure, like 99.9%, that you absolutely cannot legally resist arrest here in South Carolina.

Obviously I'm missing something here. Please fill me in.
Thanks!

originally posted by: Shamrock6
a reply to: hopenotfeariswhatweneed

Sweet. Have at it

Sorry, I had few and was being a smart ass, my bad, I was picturing this movie, its where I go when I see the smart ass attitude displayed by cops to us lowly citizens, you know... when I picture cops I picture them...

It goes something along the lines of..."that's right boy, do exactly what your told"

a reply to: Mjab6910

I was wondering if anybody was going to ask about it.

The better term to use, and it's my fault for not doing so from the beginning, is the right to resist unlawful arrest in South Carolina. As near as I could figure, in South Carolina it's a defense against the charge of resisting arrest if the arrest itself was unlawful.

While it may sound as if there are few defenses to a resisting arrest charge, the fact is there are numerous situations that can be argued by the defense. For example, if the law enforcement officer fails to properly identify themselves during the altercation, they can be found to be at fault by not fulfilling their duties. In addition, self-defense can be a viable defense, especially if the officer uses unreasonable force in attempting to make the arrest. Finally, if the arrest itself is unlawful, you have done nothing wrong by resisting. This is commonly used as a defense if police conduct an unlawful search of a person’s home or vehicle, which essentially negates their ability to file resisting arrest charges.

Law firm from South Carolina's page on resisting arrest charges.

Another SC law firm's page on resisting arrest in SC.

I don't live there, and I'm certainly not fully versed in all their laws, but a couple of the sites I used for research mentioned that SC stands alone in the regard that it doesn't appear to have any limitations on resisting unlawful arrest. I had meant to include it in the OP and just plain forgot.

originally posted by: Shamrock6
The answer to that question is: unless you live in South Carolina, probably not. At least not in the manner that somebody telling you that you do is probably trying to make it sound.

How so? What makes Carolina special? Or are you being facetious?