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Old February 27, 2009, 01:55 PM   #5
Semi-jacketed
Senior Member
 
Join Date: November 7, 2001
Location: Louisiana
Posts: 171
More facts are certainly needed, but it also depends upon your state's laws. In Louisiana, a citizen does have the right to resist an unlawful arrest (i.e., an arrest without merit due to no evidence, warrant, or criminal conduct observed by the arrested party), but you had better be correct, well-connected and be arrested by officer(s) that don't, uh, embellish.

For example, a case I investigated years ago involved a man involved peripherally in a vicious barfight resulting in numerous injuries requiring a trip to the hospital by some of the participants. Officers responded, took control of the situation and ordered this particular man outside after some interviews. As the man was moving outside, another officer decided that this man had not moved quickly enough, and promptly attempted to arrest him for failing to obey a lawful order and remaining while forbidden, etc. Well, when the officer placed his hands on the man rudely to cuff him, the man immediately knocked the officer out. Much chaos ensued for a very brief moment and the man was cuffed and stuffed with felony assault of a police officer added to new charges of resisting arrest and other fun things.

Ultimately, it was determined that the officer was making an unlawful arrest as the man was doing as told while the officer was simply being a bully and had unnecessarily assaulted the man. Since it was deemed the officer started the whole unfortunate series of events by his illegal conduct all other charges were tossed. The man decided not to press charges against the officer after a small sum was paid.

So, there you go, it depends. In most states where I have observed the laws, most citizens do not have the right to resist an unlawful arrest or provide any resistance to an officer on the scene to include hard looks and risque language (i.e., disrespecting and provocation)-- good training for subjects thereby making no arrest unlawful in point of fact if not in theory.

Personally, it's always best to be very nice and pleasant while being arrested even if angry about the error and go after them in court for their criminal actions (If someone puts their hands on you without a lawful reason or permission it is a crime. Do it under the authority of government and it's even more of a crime as more laws have been broken.) like they would go after you had you been an actual criminal.

Last edited by Semi-jacketed; February 27, 2009 at 02:06 PM. Reason: clarity
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