pknopp
Diamond Member
- Jul 22, 2019
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You're right that they can't detain someone for just walking down the alley.He did, but it is not advisable if you have a choice in the matter. It's better to not get into a fight with police.Welcome to 5 decades ago.In Georgia, it's legal to resist an unlawful arrest, but may still be a bad idea
Georgia's highest courts rule that suspects being unlawfully arrested in the state can use force to resist arrest, but there's a catch. . The court said you must use a permissible — or “proportionate” — amount of force when resisting unlawful arrest.www.ajc.com
"Christopher Glenn insisted he was doing nothing wrong. So when Athens-Clarke County police officers handcuffed him and took him to a patrol car, he was having none of it. Kicking and flailing, he strongly resisted arrest. At one point, Glenn lunged forward, smacking a sergeant’s face with his forehead. When officers finally got Glenn into the cruiser, he kicked at the door so violently he damaged its hinges.
As it turned out, the officers had no probable cause to arrest Glenn for loitering and prowling outside Oglethorpe Elementary School in Athens -- Glenn’s appeal of the incident led to a landmark Georgia Supreme Court ruling to find that not only was Glenn within his rights to use force to resist the unlawful arrest, he could also damage government property while doing so."
I was always under the impression that Georgia was for the most part; a sane conservative state, so how can their Supreme Court essentially be the most radically leftist communist court in the whole country?? Do they honestly think it is a good idea to tell citizens they can resist unlawful arrests? If the police are arresting you; it is automatically lawful --- a mere citizen doesn't get to tell law enforcement what is or isn't lawful.
To make matters worse, this Glenn guy is basically a pedophile....he was creeping about and prowling around an elementary school; someone called 911...police arrived at the scene and it was then Glenn should have complied with police commands....instead he resisted arrest and violently fought with the police. The police obviously had probable cause to detain Glenn because he was loitering outside a school; possibly there to kidnap children. Now because of this ruling; the Supreme Court is basically siding with the criminal instead of the police.
Where have you been?
This is nowhere CLOSE to being advisable for most people. You must prove that you were in the right and that the police were making an unlawful arrest, which carries with it PLENTY of police discretion you must overcome.
Which is exactly what this person did.
We need to end the reasons many become confrontational. The police need it drilled into the heads daily about what they can and can not do. They can not detain someone walking home through an alley.
But, as in the police video on the other thread, if they get a report of a person acting "suspicious" they have a duty to stop the person in the alley and ask questions. The SCOTUS has already deemed such an encounter lawful and NOT a detention.
There is no reason to make the job of police harder by acting suspicious when they interact with you. That is escalating behavior.
The cops here would have left this guy alone had he simply walked away when they asked him to or answered some questions to help in their investigation of Busy Body's report.
They stopped him. He gave them his name. He said he was on his way home. End of stop.