The right to resist arrest and YOU!

I've been pulled over twice in the last thirty years and both times I was friendly, cooperative and had a nice conversation with the officer. No ticket, just polite conversation.

I've been in a car that was pulled over with someone who mouthed off to an officer and I just wanted to reach over and slap them for being sooooooooooooooo stupid and rude. There is nothing smart or cute about people who act up when they are pulled over. That's why the reality cop shows are so popular, so we can laugh at how stupid people really are.

a reply to: Shamrock6

I don't know why my post went to this thread...
This dang iPad and its tabs navigate incongruently...
#ReadingIsHardForChris

-Chris

a reply to: underwerks

i do, and i have. obeying an officer of the law is not an absolute. the law is not infallible and nor are it's workers.

originally posted by: AMPTAH

originally posted by: Shamrock6
Every so often (most recently in regards to the bad arrest of a Salt Lake City nurse) we see the question pop up on ATS: does a person have the right to resist arrest?

You have all the rights you are able to defend yourself.

Good luck.

a reply to: Shamrock6

Typically, Non compliance leads to a resisting charge.

Go home and sleep in your own bed tonight instead of jail, the hospital or morgue. Just cooperate, do what they tell you.

Oh, and keep both hands in plain sight at all times.

Cops don't like the word, no.

May I see your drivers license, registration and insurance?

Please step out of your vehicle.

Have anything illegal, mind if I look around?

Then the interrogation, what are you doing here? Where you going, this your car, open the trunk.

Finally, after all that ten minute of hassle, you will be allowed to proceed on your way.

If they want to cause you trouble , you can't get out of that anyway.

So just comply.

The last thing they will say is thank you for being cooperative, have a nice evening.

Most people don't even realize the duress is a test to help them gauge your character and state of mind.

Are you behaving civilly, submitting to law enforcement authority?

Swallow your pride and submit.

This is from years of experience living outside...

a reply to: intrptr

I've been stopped twice in the last 5 years. Once I had an unopened bottle of gin in the front seat, cop just said have a nice New Year's.

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

2nd time I'd had a couple beers and was going out for more...I probably had alcohol on my breath and thought I was busted for sure.

Again, just spoke respectfully and frank. He told me to slow down and drive safe home.

Lessons learned: no more buzzed driving and no alcohol in passenger seat (not legal in my state.)

And very important to be respectful to officers. I still have my job thanks to them!

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.

a reply to: intrptr

Oh yeah. Always ask permission to make any movements with your hands.

"May I reach for my wallet, it's in the passenger seat?"

That does wonders.

And these 2 incidents make me believe some cops are genuinely interested in catching legit criminals and not just trying to make people miserable.

a reply to: Shamrock6

The only time you have the right to resist arrest is when they are using excessive force and then you can only use so much force as is necessary to protect yourself.

a reply to: Shamrock6

The best way to defend your rights is to hit the police in the pocketbook.

If you feel your rights are violated or you are mistreated, voice your lack of consent during the stop, but DO NOT do anything that could be articulated as physically resisting or could result in another charge.

Afterwards, seek legal counsel. If you have a good case, the agency will gladly ask how many zeros you want on your check. Do that a few times and either the individual bad apple officers or the admin will go away.

You may beat the rap, but not the ride. You ARE going to jail. In what condition is up to you. No sense in toting a beating and catching extra charges for no reason.

a reply to: TobyFlenderson

To put an even finer point on it:

It states “f the officer is resisted before he has used needless force and violence, he may then press forward and overcome such resistance, even to the taking of the life of the person arrested, if absolutely necessary.” Id. at 313, 34 N.E. at 969 (emphasis added). If the officer is being resisted, then the officer can use any force necessary, up to and including deadly force.

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. What you ccannot do is decide that the hand on your arm the officer has applied while putting handcuffs on you is excessive force and start trying to fight him or her.

originally posted by: Asktheanimals

originally posted by: cavtrooper7
OH HELL no I look like I sound here, I do EXACTLY what the officer says as BEST and as slow as I can...

Me too.
Last time I got pulled over the first thing I said to the officer was "I carry a firearm sir" and tell them where on my body it was.
Cop didn't even blink and told me " I don't want your pistol, I want you to get your break light fixed".

Gave me a verbal warning and I promised to fix it.
If you are respectful my experience has always been pretty positive.

That happened to you as well ? Mine was a headlight in Cobb County , Georgia . And basically the same officer response..
Told the officer I had my permit in my wallet. "All I want to see is your license and proof of insurance , you can keep your firearm" and he grinned.
I explained that I was having to replace that headlight once a month for some reason.
Got a get it fixed . No written warning.

a reply to: Blaine91555

I recall the party days of the 70s when the guy in the back would act this way...hippies anyway..

The only folks that want to resist have something to resist for. Or some kinda "I can sue mentality" . Or they are really stupid and thinking they are above the law.
Any way
"Mama always said , stupid is as stupid does" - Forrest Gump
Peace

originally posted by: Gothmog
The only folks that want to resist have something to resist for. Or some kinda "I can sue mentality" . Or they are really stupid and thinking they are above the law.
Any way
"Mama always said , stupid is as stupid does" - Forrest Gump
Peace

Nah. People get genuinely upset when they know they've done nothing wrong to warrant the officers attention, and he comes over with attitude. But, the officer always wins, when he is the one that picks the time and place for the confrontation. That's because he is psychologically prepared, and knows exactly what he's about to do, while his victim is caught by surprise, and has no plan prepared for immediate defense. That's why you should never resist an officer of the law. You can always deal with the matter afterwords, at a later time, at your own convenience, picking the time and place of your own choosing. That's the way to handle these things. If you're rich, you get the best lawyer and sue, win some cash for the trouble. If you're poor, you've got other options, if you can't afford a lawyer. But, you can never do battle with an arresting officer and come out on top at the time of his actions. Avoid or comply, survive the encounter to live another day, time is on the side of the victim, the cop is always in a hurry, he has quotas to meet, his victim has no quotas.

a reply to: AMPTAH

Totally agree. I had written about a recent encounter in my family-ridiculous behavior by the cop. Never, with all my family of leos, has anyone ever been arrested for slowing and not stopping at any empty stop sign in the middle of an empty neighborhood. We will be moving away asap. There was no resisting arrest-just an a** with power issues.

Yes we get it, never ever argue or resist what a cop tells you to do, always be polite and comply. Just pretend you are dealing with a short tempered and highly agitated child that will not accept no for an answer and you will be just fine.

originally posted by: hopenotfeariswhatweneed
Yes we get it, never ever argue or resist what a cop tells you to do, always be polite and comply. Just pretend you are dealing with a short tempered and highly agitated child that will not accept no for an answer and you will be just fine.

I'm glad you learned something