SmarterThanTheAverageBear
Gold Member
- Aug 22, 2014
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- #21
Are you people retarded? That guy CLEARLY resisted. It couldn't be any clearer.
No, when the cop first cuffs him, the man has his back against the car, so he could not pull away, but it was a false arrest though.
The man was surprised the cop cuffed him and maybe moved a little because of that, but he had good reason to be surprised.
It was NOT a false arrest
This is what I've been saying. Learn your rights.
First of all, he didn't arrest the man, he attempted to detain him and cuff him, which is NOT the same as being arrested. you absolutely , positively DO NOT have the right to resist being detained.
Second of all, to the question of false arrest
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.[
False arrest - Wikipedia the free encyclopedia
Third of all, Texas state law does NOT allow a person to resist an unlawful arrest.
TEX PE. CODE ANN. § 38.03 : Texas Statutes - Section 38.03: RESISTING ARREST, SEARCH, OR TRANSPORTATION
Search TEX PE. CODE ANN. § 38.03 : Texas Statutes - Section 38.03: RESISTING ARREST, SEARCH, OR TRANSPORTATION
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(a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.
(b) It is no defense to prosecution under this section that the arrest or search was unlawful.
(c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search.
- See more at: TEX PE. CODE ANN. 38.03 Texas Statutes - Section 38.03 RESISTING ARREST SEARCH OR TRANSPORTATION
The man not being charged with resisting arrest is not an indication that he didn't doing anything wrong. It's an acknowledgement that he's an old man and it was essentially no harm no foul.