Resisting Arrest.....

[civilwarbuff]

Do we have a legal right to resist arrest for a crime we did not commit? If you are being arrested for a crime you did not commt can you resist arrest and not be indicted for it? Not asking if it is smart thing to do, just whether you believe it is legal or not.

 

[Kenny'sID]

What does the official law say on the matter?

 

[civilwarbuff]

Which state?
Edit: It is actually all over the place which is why I am asking for what people think.

 

[Kenny'sID]

Which state?

Which State has it on the books as legal?

 

[civilwarbuff]

Here is one opinion; make sure you read to the end.....
http://www.constitution.org/uslaw/defunlaw.htm

 

[civilwarbuff]

Here is an opposing view...
http://www.slate.com/blogs/quora/20..._is_resisting_a_police_arrest_ever_legal.html

 

[civilwarbuff]

One more....
https://en.m.wikipedia.org/wiki/Plummer_v._State

You can see the grayness now......

 

[Sultan Of Swing]

Resisting arrest in my opinion would make things worse.

If the police think they have enough on you to arrest you, then you'll be prosecuted eventually, you can't resist arrest forever, and you're gonna have to defend yourself in a court of law.

If the police are unlawfully arresting you without prosecution, then resisting arrest still doesn't help. Instead, go along with their arrest, and then sue them for unlawful arrest!

 

[civilwarbuff]

Resisting arrest in my opinion would make things worse.

If the police think they have enough on you to arrest you, then you'll be prosecuted eventually, you can't resist arrest forever, and you're gonna have to defend yourself in a court of law.

If the police are unlawfully arresting you without prosecution, then resisting arrest still doesn't help. Instead, go along with their arrest, and then sue them for unlawful arrest!

That is probably the predominant thinking......it is a very gray area.
It seems you can "get away with it" at times but in the process may cause more problems.
It seems that many circumstances rest on the use of excessive force by police to "qualify" for permissive resisting arrest.....

 

[Kenny'sID]

I read the first, and if that president is in effect in all states, then officially, under the proper circumstances, it is not illegal to resist arrest. and in my view, just as it absolutely should be.

But getting a ruling in your favor might be a different story all together. However, when life and limb are at stake, who cares about future rulings. I say if threat is prevalent, stay alive any way you can and don't concern yourself with anything but that in the moment, then let the courts decide. If there is a good possibility you would have been killed, we really have nothing to lose.

 

[civilwarbuff]

I think that is a good answer, especially if you fear for your life part....if you are dead who cares about "future rulings"......

 

[Kenny'sID]

I think that is a good answer, especially if you fear for your life part....if you are dead who cares about "future rulings"......

Also, that is a natural God given tenancy...stay alive. And is probably taken into consideration by law, at least by those law makers with any common sense.

 

[essentialsaltes]

Of course not. That's why we have trials.

 

[essentialsaltes]

The cases you cite are about unlawful arrest or illegal use of force by police. That is different from being lawfully arrested for a crime you did not commit.

 

[MennoSota]

If you fear for your life from bad cops, RUN!

The American Indian Movement started in Minneapolis back in the early 1970s because Minneapolis police were throwing Native American men into trunks, driving them to secluded locations and beating them to death. There are times to run.

 

[Shempster]

One should never resist arrest. Especially if being arrested in vain like in a peaceful protest.

The one way to expose evil is to let it happen to you without fighting. This shows everyone where the evil is and where righteousness is.

 

[Ana the Ist]

Do we have a legal right to resist arrest for a crime we did not commit? If you are being arrested for a crime you did not commt can you resist arrest and not be indicted for it? Not asking if it is smart thing to do, just whether you believe it is legal or not.

Do you want to know if it's legal? Or are you taking a survey?

You understand that this isn't a matter of opinion...right?

 

[civilwarbuff]

Do you want to know if it's legal? Or are you taking a survey?

You understand that this isn't a matter of opinion...right?

Looking for opinion but hopefully backed up by some evidence of why you think that way.
See link in #5.

 

[brinny]

Do we have a legal right to resist arrest for a crime we did not commit? If you are being arrested for a crime you did not commt can you resist arrest and not be indicted for it? Not asking if it is smart thing to do, just whether you believe it is legal or not.

"Resisting arrest" perhaps needs to be defined with excruciating clarity.

I didn't vote.

The options are limited.

 

[Belk]

Do we have a legal right to resist arrest for a crime we did not commit? If you are being arrested for a crime you did not commt can you resist arrest and not be indicted for it? Not asking if it is smart thing to do, just whether you believe it is legal or not.

Blind post.

My understanding is that you are arrested for the suspicion of having committed a crime. It is then up to the courts to determine the truth of that suspicion. Resisting arrest is a crime in and of itself so no, you can't legally resist arrest.