Resisting illegal arrest?

[ATN082268]

Generally speaking, what happens legally if you resist arrest from police, FBI, etc for something that you shouldn't have been arrested for in the first place?

[geetarman]

Short and simple: YOU WILL GET HURT.

Don't do it. Illegal or not, resisting arrest WILL result in the application of sufficient force to effect arrest. . .even if it KILLS you.

Get a lawyer and get a good one and fight the arrest in court and hit the government in the pocketbook.

Remember. . .if you are not there to present your side of the encounter in court, the court, if there is one, will only hear the "official" account of the problem.

[4runnerman]

what geetarman say's,Plus now you get arrested for resiting arrest. No win situation for you. Bottom line, The cops are right till you prove them wrong.
One needs to remember, the police are usually not super well informed and In their intrest and all else the rule is - Restrain subject first to prevent any bad from happening and then lets talk. Can't blame them for that, It is their job.

[OuTcAsT]

If you are under arrest, the best thing to do is shut up and cooperate. Then, get a Lawyer and prove your innocence, then, hit em in the wallet. The side of the road is not the place to argue your case. Resistance will only get you hurt, or worse.

[zxcvbob]

LEGALLY, the Supreme Court covered this back in 1900 in John Bad Elk v. U.S.

But practically, the cops will kill you if you give them an excuse (and they usually get away with it; see the recent Kelly Thomas case)

[rwilson452]

In PA the law covers this. Don't resist. Remember the arresting officer more than likely doesn't think it's an illegal arrest.

[Rifleman1776]

Well said by all. Don't resist, it will only make your situation worse.

[Jaykwish]

If you resist you are no longer resisting an illegal arrest now you are resisting an arrest that just had a charge of resisting added to it. Don't fight the cops fight it in court.

[Jim March]

Plus now you get arrested for resiting arrest.

Resisting clearly false arrest is legal in Virginia and Alabama that I know of. Not recommended.

[Brian Pfleuger]

Being dead is generally a very poor way to assert your rights.

This is a classic question of theory versus reality and the common sense to know the difference.

[Romeo 33 Delta]

What Brian said ... I love it!

[Lt. Skrumpledonk Ret]

The police are always correct in arresting whomever resists or does not comply with their lawful demands. It is for their own safety.
All demands are lawful.
How dare you portray the police in a negative light!
Lock this thread, lest anyone get any idea that it is even possible for the police to violate their *privilileges

[colbad]

After you get out of the hospital you get to go to jail and then argue it in court.

[Tom Servo]

But practically, the cops will kill you if you give them an excuse

Let's not sink to such inaccurate and loaded generalizations, please.

[Brian Pfleuger]

Originally Posted by Lt. Skrumpledonk Ret

The police are always correct in arresting whomever resists or does not comply with their lawful demands. It is for their own safety.
All demands are lawful.
How dare you portray the police in a negative light!
Lock this thread, lest anyone get any idea that it is even possible for the police to violate their *privilileges

How about rather than silly and baseless characterizations of other's points, you tell us how exactly it is presumed to be beneficial to resist arrest and end up dead, severely injured or at the very least have MORE charges against you, rather than complying, possibly with verbal objections under some circumstances, and filing a lawsuit later (you know, when you're safe and ALIVE) as necessary?

I, for one, doubt that my wife and children will take much comfort at my funeral, in knowing that I "stood up for my rights".

[Lt. Skrumpledonk Ret]

I would never resist arrest. I would weep with joy if a police officer were to arrest me illegally. I've been reprimanded on this site for making that very suggestion.

[Fishing_Cabin]

How does one know that the arrest is actually illegal at the time? Either way you answer this question, the side of the road is not the place to debate the merits of the case in question. The courtroom is. In court is where you can seek relief if the charges are not found to be true, of if excessive force is used.

Complaining about illegal arrest or resisting the detention or arrest itself to the officer will not hold much weight since typically many feel that they never did the crime they were being arrested for.

Originally Posted by Brian Pfleuger

I, for one, doubt that my wife and children will take much comfort at my funeral, in knowing that I "stood up for my rights".

Interesting take, but... Wouldn't it be even worse if you thought you were standing up for your rights on one issue, but it turns out the arrest you resisted was over a simple non-payment on a traffic case that was totally unrelated or similar unrelated charge?

[ClydeFrog]

I was involved in a event in 2012 where I was arrested by two police officers(a FTO & a young trainee).
The FTO(field training officer) was a police officer I had disputes with in the past & knew from other calls for service while I was on duty as a security officer.
At the scene I was not working security & the FTO started screaming at me. He was extremely unprofessional & used several insults/slurs.
The trainee was shocked by his FTO's behavior.
I stayed calm & informed the senior officer I would file a formal IA(internal affairs) complaint. This caused the FTO to get into a angry rage & he arrested me for several bogus charges.
Neither officer read me my rights or gave me a Miranda warning.
I was processed at the county jail, pled; not guilty & was released. I'd never been arrested or booked into any jail before but I knew the procedure from working as a prisoner extradition officer in the past.
I got in contact with a public defender who went to the city atty & prosecutors, explaining what took place. I knew the local State Atty(a US Army officer & combat veteran in SE Asia).
All the charges were cut immediately & the entire case was closed.
I later went to the Internal Affairs unit & they were not very happy with the FTO or his behavior.

The lessons I learned were to remain silent, know your civil rights, document everything, & have a plan.

[manta49]

What do you mean by resisting. ? Officer I don't think you should arrest me. run away, grapple with the officers. I would have thought the answer was obvious, corporate and if you think you were arrested illegally ,seek legal advice.

[rwilson452]

I had a run in with a trainee once and his TO just let him dig his own hole. I really hurt his pride. Somehow he made it on the force. He worked the same area I travel and pulled me over and cited me for BS stuff. I complained About his behavior several times. eventually after a stern warning from his LT he was dismissed. All the tickets were stopped before they got anywhere. For example doing 27 in a 25 zone. pure BS.

[ClydeFrog]

It's important when dealing with any PD or LE officer/special agent to get the case #, report #, badge/ID # of the officer/officers & if possible, the vehicle tag #/license # of the LE vehicle.

The formal IA complaint form I got asked for a vehicle tag #.
Officers & supervisors know that 911 calls/phone calls are date-time stamped. They are also recorded & transcripts can be provided.

As noted in other forum topics too, a smart phone or DV system is handy. Video & audio recordings can augment your case.
note; keep in mind, some states have privacy laws & recording someone may be against the law. You might be subject to criminal & civil actions.

[Jim March]

How does one know that the arrest is actually illegal at the time?

http://carlosmiller.com/

There are dozens, probably over a hundred over the years, documented on that website. And they're the ones that are caught on film.

[Frank Ettin]

Originally Posted by Jim March

http://carlosmiller.com/

There are dozens, probably over a hundred over the years, documented on that website. And they're the ones that are caught on film.

First, I can't get your link to work.

Second, there is a big difference between an arrest that was lawful, but the subject was exonerated, and an unlawful arrest.

Third, who is calling the arrest unlawful makes a big difference. It's one thing when a judge calls the arrest unlawful. It's another thing entirely when the guy arrested calls it unlawful.

[glh17]

Jim,
The website won't load for me. Is it working for others?

[Jim March]

Dangit, it's down for the moment. Should be up soon, it's a major, major well known blog - reports mainly about people getting arrested for pointing a camera at cops, who hate that despite it being a well-established 1st Amendment right.