Can a cop arrest anyone?

[sealybobo]

I say a cop can arrest anyone they want and its up to a judge to decide after the fact if it is lawful or not.

Can anyone resist arrest? Even if its Unlawful, that isnt for you to decide, is it?

 

[TheOldSchool]

Arresting people is dangerous. We have to think about the safety of the cop and arresting someone can put them at risk. It's better that they just shoot the person until they're dead and then justify it later.

 

[sealybobo]

Arresting people is dangerous. We have to think about the safety of the cop and arresting someone can put them at risk. It's better that they just shoot the person until they're dead and then justify it later.

I really want to have this conversation because Mohammad and I suspect other blacks dont know the rules.

 

[Ravi]

It's legal to resist arrests in most cases unless you are black.

 

[sealybobo]

It's legal to resist arrests in most cases unless you are black.

I know I didn't have the option to resist arrest. I had to go to court to prove my innocence. I could have sued but that's your right.

 

[there4eyeM]

Any citizen can arrest someone in clear circumstances of felony. S/he better be ready to accept the consequences, however.
Technically, the police have to have probable cause to even interrogate someone (which is why the random stopping of vehicles to check for sobriety and papers should have been found unconstitutional).
You don't have to prove your innocence; it is for them to prove your guilt.

 

[JakeStarkey]

A person who resists arrest can make a common law defense that he thought he had a reasonable fear to life and limb if he surrendered peacefully.

 

[Mad_Cabbie]

The police cannot just "arrest anyone" they must have reason to believe that a crime has been committed.

 

[Dont Taz Me Bro]

I say a cop can arrest anyone they want and its up to a judge to decide after the fact if it is lawful or not.

I'd say that's a very authoritarian view and not indicative of an allegedly free society. Such a policy is rife with abuse.

 

[Ravi]

“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”

Your Right of Defense Against Unlawful Arrest

 

[The Professor]

“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”

Your Right of Defense Against Unlawful Arrest

Thanks for the information. In my home state of Florida, a person is allowed to use force (but only non-deadly force) to resist an unlawful arrest. However, what constitutes an unlawful arrest is not always cut and dry. The mere fact that a defendant is subsequently acquitted of a crime is insufficient to prove the arrest was unlawful:

"In considering the legality of an arrest by a municipal officer for a breach of the peace committed in his presence, the determining factor is not whether the charged person is actually guilty. The question to be determined is whether or not the officer had substantial reason to believe the plaintiff was committing a misdemeanor. If substantial reason exists the courts cannot second guess the officer in the performance of his duty." City of Miami v. Albro, Fla. App. 1960, 120 So.2d 23, at p. 26.

The laws are complicated and vary from state to state. However it appears that many states consider an unlawful arrest to be a type of assault/battery which justifies forceful resistance. Here is an article you might enjoy:

Right to Defend Yourself Against Unlawful Arrest Freedom from Government - Official Website

 

[sealybobo]

“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”

Your Right of Defense Against Unlawful Arrest

Thanks for the information. In my home state of Florida, a person is allowed to use force (but only non-deadly force) to resist an unlawful arrest. However, what constitutes an unlawful arrest is not always cut and dry. The mere fact that a defendant is subsequently acquitted of a crime is insufficient to prove the arrest was unlawful:

"In considering the legality of an arrest by a municipal officer for a breach of the peace committed in his presence, the determining factor is not whether the charged person is actually guilty. The question to be determined is whether or not the officer had substantial reason to believe the plaintiff was committing a misdemeanor. If substantial reason exists the courts cannot second guess the officer in the performance of his duty." City of Miami v. Albro, Fla. App. 1960, 120 So.2d 23, at p. 26.

The laws are complicated and vary from state to state. However it appears that many states consider an unlawful arrest to be a type of assault/battery which justifies forceful resistance. Here is an article you might enjoy:

Right to Defend Yourself Against Unlawful Arrest Freedom from Government - Official Website

Exactly. They aren't saying people can refuse to be arrested just because they think they are innocent.

 

[westwall]

I say a cop can arrest anyone they want and its up to a judge to decide after the fact if it is lawful or not.

Can anyone resist arrest? Even if its Unlawful, that isnt for you to decide, is it?

Not without probable cause of a crime. The problem is, most people don't understand their rights, and how to effectively, courteously, and legally, enforce them.

 

[sealybobo]

“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”

Your Right of Defense Against Unlawful Arrest

Did you read the whole article? They basically said dont attempt this and the courts and grand jury will probably find you guilty if you try this.

Put it this way. If the cop is being physically abusive and you were completely innocent you MIGHT get away with it. But most of the time a judge or jury is going to find you guilty of resisting arrest even if you are innocent of the crime you were being arrested for.

If the cop is found to be corrupt and was fucking with your rights on purpose maybe but otherwise you need to tell it to the judge.

 

[sealybobo]

I say a cop can arrest anyone they want and its up to a judge to decide after the fact if it is lawful or not.

Can anyone resist arrest? Even if its Unlawful, that isnt for you to decide, is it?

Not without probable cause of a crime. The problem is, most people don't understand their rights, and how to effectively, courteously, and legally, enforce them.

The cop that arrested me thought he was right to arrest me. He was wrong. But I didn't have the right to refuse being arrested. I had to tell it to a judge or jury.

When I went to the pre trial they tried to give me 6 months probation and settle out of court. I said fuck you I want a jury trial. Then they offered 3 then 1 month. I said fuck you give me a jury trial. Eventually it got thrown out. I was innocent but the arrest wasn't unlawful. He was wrong to arrest me but that's for a jury or judge to decide.

 

[Uncensored2008]

It's legal to resist arrests in most cases unless you are black.

Proving again that Rati has the same intelligence as the average brick.

You are SERIOUSLY dumb...

 

[Uncensored2008]

Any citizen can arrest someone in clear circumstances of felony. S/he better be ready to accept the consequences, however.
Technically, the police have to have probable cause to even interrogate someone (which is why the random stopping of vehicles to check for sobriety and papers should have been found unconstitutional).
You don't have to prove your innocence; it is for them to prove your guilt.

Life changed when Obama became emperor.

Get with the times.

 

[sealybobo]

I

I say a cop can arrest anyone they want and its up to a judge to decide after the fact if it is lawful or not.

Can anyone resist arrest? Even if its Unlawful, that isnt for you to decide, is it?

Not without probable cause of a crime. The problem is, most people don't understand their rights, and how to effectively, courteously, and legally, enforce them.

Have to admit I'm shocked there is any truth to this but I think we will find a cop can be wrong for arresting you but that doesnt make it an unlawful arrest.

 

[Uncensored2008]

Have to admit I'm shocked there is any truth to this but I think we will find a cop can be wrong for arresting you but that doesnt make it an unlawful arrest.

If you are detained by the police, you first ask "what am I being detained for?" If the cop fails to answer, leave. If the cop answers, ask "am I under arrest?" If the cop says "no," leave.

If you are under arrest, say NOTHING until an attorney arrives. Cops have a bit less integrity than used car salesmen. Their only goal is to put you in jail. They don't care about fact or truth, they sure the fuck don't care about justice. Give them nothing, they are not your friends and anything they tell you is assumed to be a lie.

 

[sealybobo]

It's legal to resist arrests in most cases unless you are black.

Proving again that Rati has the same intelligence as the average brick.

You are SERIOUSLY dumb...

I'm curious what you think. What is considered an unlawful arrest? I think the black people fighting with the cops and resisting arrest were wrong. Even if the cop is wrong if it is found he wasn't illegally and unlawfully fucking with you it isnt an unlawful arrest. If it is found the cop sincerely believed you were guilty and needed to be arrested it isnt unlawful.

Let's say youre a black during the 1950s in Alabama. Kkk cops come in and fuck with you. Yes they are being unlawful. A cop who decides you are drunk and or disorderly can arrest you. Lawfully.