Originally posted by GenRadek
I think we all can come away with an education here:
Let me fix those for you, since we live in a free country:
When an officer calls you over to his/her vehicle, ask why. If he asks for identification or what your destination might be, ask what his probable
cause is for asking.
Don't be aggressive...but at the same time stand up for your rights.
When the officer asks you something, again ask what his probable cause is for asking, without attitude. If the officer just wanted to ask you a
question or to check you out in response to a call, it will go much more smoothly and you may be let go with a either a warning (if you did something
"wrong" but not serious) or even a friendly, "Have a nice day. Sorry bout that, and stay safe". I have even gotten a laugh out of the officers
when stopped for "looking a little suspicious" (yes there was a group of us 4 walking down an alley) and explained why we were walking down the
alley like that, looking "strange".
#4 is good.
Do not, I repeat, DO NOT TOUCH THE OFFICER
. Do not push the officer. Do not grab the officer. Do not PUNCH the officer. Do not spit on
the officer. Do not kick the officer. Do not bite the officer. Do not grab for the baton, taser, gun. Do not jump on the officer. Do not throw things
at the officer. Doing any of the above mentioned acts will end very BADLY for you.
UNLESS - he is being abusive. It is not resisting arrest when the officer is using unnecessary force. You do not have to allow brutality.
Resisting an Illegal Arrest
It is technically legal to passively resist an improper or illegal arrest, detention, or investigation. And the burden of demonstrating that the
arrest was lawful falls upon the State.
A person is justified in the use of reasonable force to defend one's self against an officer who uses excessive force to make an arrest or engages in
However, a person can only engage in self defense to the extent reasonably believed to be necessary. And the determination of whether the self defense
was justified is based upon the circumstances at the time.
Additionally, the danger of excessive force or police brutality need not have been actual to justify a self-defense claim. In such instances, you are
allowed to defend yourself if the appearance of excessive force or police brutality appeared to be imminent.
Most important of all: Do not antagonize the officer. They have a tough job as it is. However, you are fully within your rights to verbally abuse the
officer if you choose to do so. If you do mouth off, the cop either should be able to deal with it or should not be a cop...
Oh, and as for
OBEY THE LAW.
The same goes for the cops.
It's hilarious how many ATSers are terrified of the government, and talk about "fighting" and "war," but post things that make it obvious they
will quietly lay down like sheep when the jackboots come.