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If a police officer attacks you for no reason, what can you do?

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posted on Apr, 16 2010 @ 08:30 PM
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Read the Constitution lol...


My original post on this topic was deleted because it referenced some rights that obviously some felt derogatory to Law Enforcement.

Read more info on The Constitution Society to find what solutions you as an American Citizen have.






[edit on 16-4-2010 by DarkspARCS]




posted on Apr, 16 2010 @ 08:33 PM
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reply to post by GenRadek
 


Well this is from Wikipedia.


In some instances, an individual may realize they are the target of false arrest and attempt to resist or flee. This is known as resisting unlawful arrest, and is a possible justification for such resistance where it would otherwise be a crime (i.e. resisting arrest, flight to avoid prosecution, assault, or even murder). Justification for such action is often hard to prove in court, and only justified in certain circumstances. Simple mistake of fact situations would generally not warrant attempting to elude law enforcement. However, there are some that would, such as:

* the person making the arrest never identifying themselves, causing the defendant to believe they are the target of kidnapping or robbery.

* the reasonable belief that the person making the arrest is an impersonator with the intent of victimizing the defendant.

* the reasonable belief that the defendant would be the victim of police brutality if taken into custody by that individual.

Many courts generally will not tolerate violence used in resisting an unlawful arrest, and even more rarely "deadly force," unless the police began to use violence before the defendant began to do so.


en.wikipedia.org...

Obviously if the officer is not in uniform and does not produce identification and attempts an arrest, you have no idea if he's some wackjob trying to abduct or murder you or a police officer. I think the third point is very telling as well, about police brutality. Because if you resist arrest, false or otherwise, you'll probably be beaten within an inch of your life or even shot outright. Not saying all cops do this, but the possibility does exist.



posted on Apr, 16 2010 @ 08:38 PM
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I'm not going to resist or attempt to fight back. That will only give them something to charge me with. And if it is being recorded, it will look like I was giving them a reason to assault me by fighting back. I would probably just go limp, yell out "You are being recorded" repeatedly and let them finish. At least that way, if it is being recorded, it would be harder for them to justify beating a non-combative subject. Also, it might shake them back into reality if they are reminded that there may be a video of their actions to come back and bite them.



posted on Apr, 16 2010 @ 08:40 PM
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reply to post by Hypntick
 


You are absolutely correct on that. If the person in question does not produce any ID of being an officer, I will not hesitate to fight it out, unless he then calls in backup and an ACTUAL squad car pulls up *gulp* uhoh!



posted on Apr, 16 2010 @ 08:43 PM
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It all depends on the situation. If the cop is actually trying to do his job even in a wrong way the BEST thing you can do is not fight, not argue, not do anything to aggravate the situation. Lay on the ground hands out or whatever you can do to show the cop you are not trying to do anything. Even if he hits you with his stick or sprays you etc it is all better than five beating you to death or the situation of two or three pepper sprays with stun guns that ends up killing you, or a bullet etc. Not moving or doing anything he will at some point need to stop, so as sucky as it sounds save the fight for the lawyers who hopefully fry him and the city.


Now if he his intentions are illegal then all bets are off….



posted on Apr, 16 2010 @ 09:13 PM
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Here is the bottom line....

Its so hard to answer this question with the proper perspective because I can only give my opinion based on my attitude and personality while working the streets. Every officer will be different and every officer will react differently to the same situation.

If your being accused of a crime and feel your being unlawfully arrested because you didn't do it, simply state that to the arresting officer. Its obvious fighting or freaking out will do you no good and WILL change the situation. Keep in mind some officers just aren't good at this job and aren't clear on how to impliment the statutes of their state. Which means in their mind they are arresting you lawfully, even though their case sucks and you are unfortunatly his/her suspect. Also keep in mind that if you are arrested, in some states, you can sue to be reimbursed the lawyer fees paid, or have the courts pick up the tab. The obviously sue for the bad arrest....IMO a "bad" arrest should never happen. If you have NO evidence, no probable cause, or atleast ARS to investigate further, let the man go and try another day.



posted on Apr, 16 2010 @ 09:26 PM
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i think its there plan to keep letting abuse happen until the public is screaming for CCTV on every corner.



posted on Apr, 16 2010 @ 09:27 PM
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You can do the same thing if anyone attacks you for no reason. Defend yourself and call the cops when you can. If you get the upper hand you can put him under civilians arrest. Bonus points if you cuff him with his own cuffs.
Cops are people too and make dumb mistakes.



posted on Apr, 16 2010 @ 09:30 PM
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Most cops are pretty decent human beings who chose police work as a career because it doesn't pay too bad, has good fringe benefits, a good retirement pension, and when starting out as rookies, actually thought they could make a difference. Then there the a-holes to whom the uniform is power, and something the public should fear rather than respect, and start out every shift with the attitude that "it's us against them!" They were probably bullies at school. They appear quite reasonable when witnesses are present, but look out if you are by yourself, especially if he has a partner with him. Sometimes the presence of another officer will keep the pr... in check, but look out if partner has the same lousy attitude, 'cause then you're done for! Most complaints of brutality result in the judge siding with the police, then the best you can hope for is that before it's your turn in court, there have been enough previous complaints against the offending cop that the judge has no choice but to order an 'outside' investigation, rather one that is internal. If you do not receive satisfaction through the courts, you may want to learn the habits and the hangouts of the offending a-hole, then when the time is right, don a ski mask and take a bat to him! Paybacks are indeed a bitch!



posted on Apr, 16 2010 @ 09:44 PM
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Lawfully you can defend yourself. However as has already been said unless you have it on tape you are likely to be severely punished.

One way to help in this sort of thing is to set up a liberty bell system. Which in short is a network of people on a phone/email/internet tree who when contacted several will come to your location and video tape your encounter as it goes down. This has been implemented in some places and police are less likely to do anything to break the law when several people are witnessing and video taping thier every move.

Still they may try and get to you in lock up cause even if yuo defend youself legally they are going to lock you up till it goes to court etc.

Also you can wire your car for video from all the angles too so you might get video of it.

For more on the liberty bell system follow the link in my sig.



posted on Apr, 16 2010 @ 09:49 PM
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Bury the body really deep.

Reality isn't about how things 'should' be,

it is about how things really are.



posted on Apr, 16 2010 @ 10:34 PM
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This is an interesting question that I've never really heard anyone ask out loud (lol). Like many have said, without eyewitnesses who can see the aggressor was not you, you are going to have a difficult time. Depending on what they are doing to you, I have a couple of suggestions:

1. In the rare case that you are the victim of an unexpected and unwarranted assault by a police officer, try to make a mental note of anyone who is in the vicinity. Even if you don't see a witness, there could be one within hearing distance whose attention you could draw. Either way, raise your voice and make repeated shouts of one or more of the following (or your own variation thereof), it might sound stupid, but you are actually laying the groundwork for your defense against any false reports made by the officer and you are attracting attention of potential witnesses who can help you. It is very, very bad when someone who is being arrested is heard pleading for help as opposed to cursing out the cops and screaming threats.

1. "Help! Please stop officer . . . I'm not resisting!"

2. "Why are you hitting me? I'm not fighting you!"

3. "I don't have any weapons! Stop hitting me!"

Overall, the best thing to do is to keep yelling for help and to keep repeating that you're not resisting. If you are, indeed, arrested and beat up, once you are taken into custody, immediately request to speak to the Watch Commander. Explain you have been assaulted unjustly and want to file a formal complaint. It is best to make these requests right away because it gives more credibility to your story, as opposed to it being some excuse you come up with down the road that sounds more like a lame attempt to excuse any crime you committed.

No matter what happens, follow through with filing a complaint with the police dept. Internal affairs will have to do an investigation and despite what many think, they are not usually inclined to just kiss things off to help their fellow officers.

If you are injured in the assault, be sure to take photos of your injuries as soon as you can. Better yet, if the arresting officer doesn't photograph your injuries, request that photos be taken by an officer or evidence technician. They will then have to be filed into evidence. However, take your OWN photos as well and keep them for later if you need them.

IN THE CASE WHERE YOU FEEL YOU ARE BEING ASSAULTED to the point your life is hanging in the balance, there is no reason why you shouldn't fight like hell to save yourself. There is no law that says a cop can just beat you senseless because he feels like it. That is "abuse under the color of authority" and, essentially, it is no different than a common thug victimizing you on the street (which you would, indeed, have every right to defend yourself against).

These are just my own viewpoints, someone else may see a flaw in them, which I hope they point out because I think this is a good question that deserves some valid and well-thought answers. It's a really volatile situation where you are never going to be at an advantage, IMO, so you have to think fast and rationally.


[edit on 16-4-2010 by NightGypsy]



posted on Apr, 16 2010 @ 11:19 PM
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Cops will beat on you anyway. All you can do is hope you survive & that someone videos it so you can sue.



posted on Apr, 16 2010 @ 11:31 PM
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You do not have the ability to defend yourself against a police officer, they will win every time. When his backup arrives they will immediately either shoot, or incapacitate you. They will not stop to review who did what to who first. Your only bet is to just lay on the ground in the fetal position and pass out.

Considering some of the officers I have known, and their attitudes, I personally believe that police officers should be charged with crimes at a higher level then their civilian counterparts. Since they are allowed to suspend another persons rights, up to and including killing them, they need to be held to a higher standard then the rest of us, and punished with a higher level by the legal system when they abuse those rights. They also know the laws that they are abusing better then most of us, so ignorance of the law is not a defense in their cases.

So as an example, lets say that the officer in the instance above is charged with a second degree felony aggravated battery, his charges should be increased to a first degree felony for betraying the public trust, unjustly putting a civilian in danger, and abuse of his power.

We have too many judge dreads on the streets now a days, and only a small fraction of them are getting caught on tape like this one was. People keep saying that its only a few rotten apples who misbehave in this manner, but in my personal experience with knowing a number of them, I would venture to say it’s a growing trend, and in reality its like 50/50 or worse. I honestly think that many of them do not even realize the way that they act is wrong, and think there are only a few bad officers but never themselves. Most people who go into law enforcement do so because they are either adrenaline junkies, or bullies, that is the personality type that is drawn to that field. The popularization of police jobs in TV and movies is not helping, because it not only attracts the wrong type of people to the field, but it also makes situations like the one above seem like no big deal to the officers.


[edit on 4/16/2010 by defcon5]



posted on Apr, 16 2010 @ 11:45 PM
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I don't know, but I always have a concealed handgun. I am not going to stand there and get my arse kicked for no reason, by anyone.

So I guess, if you have a gun, the cop attacks you and you double tap him, you are going to be involved in a gunfight with a lot of other cops. The only way to survive is to be shoot straighter, drive faster, and be smarted than all the cops chasing you.

So you better go all they way, take his m-4 out of the car, and wait for his friends to show up, and ambush them, steal a cop car and go on the offensive. You must realize that your potential lifespan has gotten a lot shorter at this point. You must find someone on a crotch rocket, and pull them over with your cop car. Then you might have a chance of pulling a ghost rider if no one got a good picture of you.




J/K

Really though, your best bet is to avoid law enforcement at all costs. I absolutely avoid any situation that might involve authorities. I don't trust any of them.



posted on Apr, 16 2010 @ 11:53 PM
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I think there was a thread on here about a cop who Maced an elderly lady for telling the cop he was out of line abusing her son who was driving her home from work or something like that. in that case its personal, Eye for an Eye.
I recommended to her son to follow the cop or hang out at the donut shop he is bound to show up, tazze his ass and fill his face full of mace... Law in some cases is going just too far, in my opinion.

[edit on 16-4-2010 by Anti-Evil]



posted on Apr, 17 2010 @ 12:07 AM
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reply to post by DarkspARCS
 

its assualt - either have him arrest himself, or file a internal complaint. thats about all you can do, unless you need some dirty deeds done dirt cheap,



posted on Apr, 17 2010 @ 12:36 AM
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reply to post by GenRadek
 


Well if a Officer is beating you down all you can do is just take the beating the more your resist the more you get beat up. If an Officer keeps verbally repeating "Stop Resisting", then his actions are justified by most Laws because your "Resisting Arrest". If your placed under arrest by a Police Officer they will take whatever action is necessary to get you into their custody you can go easy or you'll be taken by force, that is there job and duty and you should also consider that their lives are at risk quite a bit more then Joe the software developer that works 9-5, for an Officer every traffic stop, house call, drug bust, etc. could be their last so they are under quite a bit of pressure.

I'm not saying they would be justified to beat up every person they arrest, just like anywhere in society there are a few bad apples but there are also quite a few good apples as well. I remember when my father was a Cop in the 70's-80's he had gloves that were filled with lead shot in the knuckles that he wore when on duty as did most other officers in his dept. Times have changed quite a bit since then and I'm pretty sure statistically Police brutallity is way down compared to 20-30 years ago. In car camera's where probably extremely rare back then since that technology was in its infancy and most likely extremely expensive.

Best course of action is if and when you are read your Miranda Rights you just do as your directed by the Officer and "Do Not Resist", unless you want to get beat up and have lots of jail time tacked onto the initial reason they arrested you. If you do everything that they tell you to do and you get beat up then you just have to have faith that the good will prevail, seek a good Lawyer and ride out the whole judicial processes. Just my .02 cents.



posted on Apr, 17 2010 @ 02:00 AM
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Originally posted by acrux
Cops will beat on you anyway. All you can do is hope you survive & that someone videos it so you can sue.



It is like a bear attack.

Play dead and hope they don't eat you.



posted on Apr, 17 2010 @ 02:20 AM
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reply to post by GenRadek
 


when i was a younger man, i had a police officer run at me outside a bar one night..it was just us two and he screamed "GET DOWN MF!" it freaked me out because i did not know he was talking to me.., he ran up to me and hit me with his nightstick, i promptly took it away from him and slammed him on the ground and said.."are we under attack? what are you talking about?" he said damn dude..you took me down fast.. i said yea..but are we under attack or what? he said no.. i thought you were the robbery suspect we were looking for earlier tonite..lol
.no charges were pressed against me...but i guess that was a rare situation..almost killed the guy though..he SCARED me...see what i mean?


[edit on 17-4-2010 by baddmove]

[edit on 17-4-2010 by baddmove]





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