reply to post by BlueRaja
I had a large reply ready to post and it disappeared when I tried to post it..damn it.. here is part of it: Some cases that highlight OUR right to
resist unlawful arrests and detentions: From this site:
" It has long been held in Virginia that where an officer
attempts an unlawful arrest, the officer is an aggressor which
gives the arrestee the right to use self-defense to resist so
long as the force used is reasonable.
"[T]he amount of force used [always] must be reasonable in
relation to the harm threatened." Diffendal v. Commonwealth, 8
Va. App. 417, 421, 382 S.E.2d 24, 26 (1989). From the same case: " The officers' mistaken belief that
appellant was the person named in the capias did not make the
capias an instrument upon which the police could lawfully arrest
appellant, even if that mistake was made in good faith.
The police officers became aggressors when they attempted to
arrest a person not named in the capias upon which they relied
for the arrest, and they were at fault in the confrontation. Appellant was not
required to surrender to the officers based on the capias issued
for another person's arrest. Because the arrest was unlawful,
appellant had the right to resist upon self-defense principles.
The Commonwealth cannot expunge that right even by showing the
officers acted in "good faith."
Accordingly, for the reasons stated, we reverse the judgment
of the trial court and dismiss appellant from further prosecution
on the charge." Case dismissed!
Here is a GREAT ONE!! read this:
If a cop- does not obey the law then we have the right to make them obey, even if it means resisting them with force. Thats the law. Why should we
stand around and allow some cop to abuse us and violate our rights? Are we supposed to just let them do anything they want, including murder us, and
not lift a finger to defend ourselves? NO!! No way! The LAW says we can resist, and we should.
MILLIONS of arrests made verey year are ILLEGAL and end up thrown out; this fact alone means that we cannot assume anything good about a cop. Use
your rights, keep your rights.