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Is it legal to resist arrest for a crime you did not commit?

  • Yes

    Votes: 1 6.7%
  • No

    Votes: 12 80.0%
  • Depends

    Votes: 2 13.3%

  • Total voters
    15

Ana the Ist

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

Well when you can resist arrest is legally defined by each state...so it isn't a matter of opinion.

Here's the problem though, the overwhelming majority of people have no clue as to what the law is or what it actually states. Unless you're a lawyer or you've researched the law you end up being arrested for...how would you know you're being wrongly arrested?

There are likely thousands upon thousands of people who believe they've been wrongly arrested every year...only to find out their arrest was completely legal and they're just dumb. So instead of just being charged with the crime they're arrested for, they also get charged w resisting.
 
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No I would think even if they were pointing a gun at me and I probably didn't do anything wrong. It would still be illegal to resist arrest.

Edit: And I mean nothing blasphemous or evil but wouldn't Jesus have sinned if he resisted arrest? Therefore I don't think it is legal.
 
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rjs330

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Yes this is a matter of law. And unless you are willing to,challenge the law all the way to the supreme court I wouldn't advise it. In my state it is illegal to resist arrest even if the arrest is illegal. Its been tested,to,our. supreme court I believe and has been upheld.

Sent from my VS980 4G using Tapatalk
 
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joshua 1 9

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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.
There is a felony resisting arrest. They could find you guilty of that charge even if what you were arrested for did not stick.
 
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Hank77

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In my state you can resist arrest if the officer is using excessive force and you fear for life or limb. You can also protect a third person from excessive force. It is closely defined such as in the Plummer case, in the first example.
 
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Quijote

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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.

In Wisconsin, USA, it is illegal to resist arrest if you:
1. Knowingly resist or obstruct an officer;
2. While the officer is doing an act in an official capacity;
3. With lawful authority.

So, it is possible to not be guilty of the underlying alleged crimes, but found guilty of obstructing an officer.

Depending on the circumstances, you might be able to have the charge reduced to a Disorderly conduct charge.
 
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joshua 1 9

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Doesn't matter if it's legal if it will get you killed and the officer rewarded with a payed vacation.
The problem is that it can get you a felony. If you are a convicted felon you can not buy a gun, you can not travel to foreign countries. It is more difficult to get a job. The police instigate people because they get more points when they arrest someone for a felony. There is a book on Amazon that is a real eye opener. It was written by an X cop that went back to school and became an attorney. So he was working to put people in jail and then he went to work to try to keep people out of jail. "
Arrest-Proof Yourself: An Ex-Cop Reveals How Easy It Is for Anyone to Get Arrested"
 
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Freodin

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It is never a good idea to resist an officer's orders. Period.
It might not be, depending on the country you are in.

But it should be.

As imperfect and fallible our justice systems might be, they are (more or less) designed to prevent injustice. That's the whole idea behind having a justice system at all... with all the courts and juries and evidence and witnesses and defenses.

But where does it start, and where does it end? "An officer" is also just a human... and we have enough examples of, erm, "fallible" police officers.

So you should obey an officer's every order, because he is justified to give you that order? Why grant this absolute power to policemen, but not the rest of the judical system? The persecutor is also justified to demand you being sentenced, the judge is justified to sentence you to anything he thinks is ok... why hold a trial at all?

To demand that one should follow a police officer's order without "resistence" (and asking questions can already be counted as "resisting arrest") requires an absolute trust in the righteousness of the police and the justice system in total.

Experience has show that such a trust is not justified... the very existence of the felony of "resisting arrest" is a reason not to trust the judicial system.


I just don't get Americans. A people full of proponents of armed-to-the-teeth resistence against tyranny... combined with a wide-spread demand for submission to tyranny.
 
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GoldenBoy89

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It might not be, depending on the country you are in.
In the country and more importantly to me, the city I live in, it is not a good idea. In my country, you can unknowingly do something that makes an officer nervous and he could potentially kill you. And that is somehow your own fault. So the simple approach is to simply go along with what they say. What other choice do I really have at the time they're making the arrest? I see what happens when you resist. It never ends well for the civilian.

But it should be.
I agree. We need major reforms to policing in the US and I don't think it's just a racism problem either. That's a part of it but just their procedures and how they go about their job is what I think creates some of the escalations we see on video all the time now. It is clear to me that some officers are not experts on how to handle unstable or potentially dangerous people when their go-to solution is to pull their gun.

As imperfect and fallible our justice systems might be, they are (more or less) designed to prevent injustice. That's the whole idea behind having a justice system at all... with all the courts and juries and evidence and witnesses and defenses.

But where does it start, and where does it end? "An officer" is also just a human... and we have enough examples of, erm, "fallible" police officers.

So you should obey an officer's every order, because he is justified to give you that order? Why grant this absolute power to policemen, but not the rest of the judical system? The persecutor is also justified to demand you being sentenced, the judge is justified to sentence you to anything he thinks is ok... why hold a trial at all?
The police officer is the first one I deal with in that long chain and the only with a direct threat to my life. If I know I've done nothing wrong then I have no choice but to put my faith in the justice system. But I have to make it alive to my trial first. That's why the officer gets this power.

To demand that one should follow a police officer's order without "resistence" (and asking questions can already be counted as "resisting arrest") requires an absolute trust in the righteousness of the police and the justice system in total.
No, it requires the understanding that if you don't follow along, you could have a grown man legally slam you onto the ground and push your face into the pavement while he twists your arms to put you in cuffs. Even asking questions depending on your tone and as well as other circumstances could get you in a lot of trouble with the police.

I basically treat police like I would a dangerous, wild animal. Avoid at all costs and when you can't, don't upset them.

Experience has show that such a trust is not justified... the very existence of the felony of "resisting arrest" is a reason not to trust the judicial system.
Like I said, it's not that I trust them, though in a way, I sort of do trust that they are only doing their job. I simply realize that resisting arrest is a fight I will never win. It never works out for the person doing the resisting. You square up with a police officer, you will lose, 100% of the time.


I just don't get Americans. A people full of proponents of armed-to-the-teeth resistence against tyranny... combined with a wide-spread demand for submission to tyranny.
We all saw what that resistance to tyranny looks like in Dallas. Very few Americans actually want that, despite what some of us might say we need our guns for.
 
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Dave-W

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In the country and more importantly to me, the city I live in, it is not a good idea. In my country, you can unknowingly do something that makes an officer nervous and he could potentially kill you. And that is somehow your own fault. So the simple approach is to simply go along with what they say. What other choice do I really have at the time they're making the arrest? I see what happens when you resist. It never ends well for the civilian.
I live in Montgomery County Maryland. The next county over to the east is Prince George (PG) county. The police there have a reputation for being overly aggressive. (they once started beating a fan with nightsticks in the stands for being "mouthy" at a Redskins game on national TV)

in 2010, 2 PG police officers started beating a student that was walking by a rather raucous party (Univ MD) and they charged him with assaulting the officers and resisting arrest. (which he did not do at all) Later the charges were dropped after a video surfaced, but the officers involved did not get any significant penalty.

STORY
 
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dgiharris

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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.

This is the gold star post.

However, the tricky part comes if you are resisting when there is no suspicion of a crime.

For instance, you are walking down the street and police say "you are under arrest" but then refuse to tell you why or what suspicion they have. And yes, police are fond of doing this. Some get an ego trip doing it as they love to escalate situations.

Now, some states have ruled citizens do have the right to protect themselves from police . There was a case where a citizen was dating a cop's ex wife. The cop showed up to the man's house in uniform, ordered the man to let him inside, then he hand cuffed the man to the couch and shot him dead. Up until the state passed a law, that citizen had no right to protect himself from police.

The realistic answer to this question depends on how much money you have. Lawfully resisting arrest is going to run you $5k to $20k in legal fees and also endanger your life. Because if you are resisting arrest and by that I mean doing anything besides lay on your belly, police can shoot and kill you. All they have to say is they "thought" you might-maybe-perhaps-possibly-could-be reaching for a gun and that is all the justification police need to kill a citizen. There will be an investigation which is just a fiasco to appease the public and then the officer will be cleared. There are hundreds of cases of unarmed citizens being killed by police.

You can go on YouTube right now and spend the entire day watching police literally get away with murder.

So yes, theoretically there are some states where under the right circumstances you can legally resist arrest but the reality, resisting arrest is expensive and life threatening.

Police love to beat down citizens who "resist". It's pretty disgusting, a lot of times its over trivial misdemeanors that are like a $100 fine at best.
 
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dgiharris

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...I basically treat police like I would a dangerous, wild animal. Avoid at all costs and when you can't, don't upset them.

Sad, true, and ironic all at the same time.

Much like a wild animal, you have to know how to deal with them. I unfortunately have become an expert at dealing with police.

#1 be friendly and smile despite their scowls or attitude
#2 Articulate your love of country and the Constitution with a police officer's job.
#3 stroke their egos
#4 affirm your rights but in as positive a manner as possible while linking it to the Constitution
#5 if you refuse a request, do so in a manner that is respectful and strokes their ego

Example

Opps, I have to run, will circle back later with an example. But I have to say it is sad that the public has to be better trained than the police in terms of de-escalating a situation. It's amazing how many officers PURPOSEFULLY escalate situations.
 
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Dave-W

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Here is a great case of:

Attacking a police officer
Attacking a horse
Resisting arrest.


His charges were dropped after the video surfaced.

The officers involved were charged and then all charges were dropped.

Such is the police force for Prince George County Maryland.
 
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Aryeh Jay

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You can go on YouTube right now and spend the entire day watching police literally get away with murder.

You can also go on YouTube and see cops getting gunned down for simple traffic stops. But please, don’t let me get in the way of the agenda.
 
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Thursday

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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.


No, it is not legal. You need to let the system work, so you must comply with the officer in charge.
 
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Freodin

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You can also go on YouTube and see cops getting gunned down for simple traffic stops. But please, don’t let me get in the way of the agenda.
A person who guns down a cop for a simple traffic stop is a murderer, a criminal.

You were saying?
 
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