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Old March 19, 2009, 05:40 AM   #48
BillCA
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Join Date: November 28, 2004
Location: Silicon Valley, Ca
Posts: 7,117
Quote:
That's not federal law nor is it the rule for the majority of states. I think you may have misunderstood your professor (or have a bad professor).
That'd be an interesting research project. It used to be the majority of the states had a statute indicating that a citizen not only had a right to resist an unlawful arrest, but a duty to do so. Apparently many of those laws have gone by the wayside. That used to be the law in Texas (pre-1959) but it is no longer the case.

In some states, even if the officer is way out of line in arresting you, "resisting arrest" is still a crime because some states no longer recognize a right or duty to resist unlawful actions by police.

Note: fortunately such things are generally uncommon WRT police deliberately and maliciously arresting people without any cause.
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