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Resisting Unlawful Arrest?

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  • Frank59

    Wheel Gunner
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    May 14, 2018
    1,897
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    San Angelo
    Gonna watch the videos here in a bit when i get my people out the door but from my recollection from the police academy ( 80s ) was the court room was the place to settle all differences in regards to being arrested and charged with a crime weather or not it is lawful or unlawful. I think there may be a stipulation that you can defend yourself if your being attacked ( not arrested ) by a police officer.
     

    Axxe55

    Retiretgtshit stirrer
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    Dec 15, 2019
    47,022
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    Lost in East Texas Elhart Texas
    If one resists during an "unlawful arrest", can a "resisting arrest" charge stick?

    From my understanding yes and no! It's one of those grey areas of the law. If I understand this correctly, even if the arrest is unlawful, no you may not resist arrest, UNLESS unreasonable force it used to effect that unlawful arrest.

    Now define what is "unreasonable force" as to where you may the legally resist! Kind of see that grey area?
     

    vmax

    TGT Addict
    TGT Supporter
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    8   0   0
    Apr 15, 2013
    17,304
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    Once a cop has his mind made up to arrest you, you just need to shut up and stop talking. In fact, the less you say while interacting with most cops is generally best.

    You won’t reason with them..that never works no matter how compelling your story is.
     

    Axxe55

    Retiretgtshit stirrer
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    0   0   0
    Dec 15, 2019
    47,022
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    Lost in East Texas Elhart Texas
    Once a cop has his mind made up to arrest you, you just need to shut up and stop talking. In fact, the less you say while interacting with most cops is generally best.

    You won’t reason with them..that never works no matter how compelling your story is.

    I agree. Better to let your attorney rip him a new orifice!
     

    toddnjoyce

    TGT Addict
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    Sep 27, 2017
    19,285
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    Boerne
    I approach LEO interactions with the same mentality I was instructed to approach a tactical interrogation at the USAF SERE School; in fact, they’ll get less than the big four and nothing more.

    Other than verbally confirming my name and address as it stands on my ID(s), the only words I know are from the Pot Brothers at Law Tip of the Day to shut the f*ck up.
     

    TexasRedneck

    1911 Nut
    Lifetime Member
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    9   0   0
    Jan 23, 2009
    14,560
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    New Braunfels, TX
    Got pulled over one night for having a tail light out. Sure enough - a wire had frayed....pulled out my electrical kit and did a permanent repair while thanking the officer for letting me know about it. Got done, he asked to see my DL....figured he was going to run me incidental to the stop, cool. Comes back from his unit with a CITATION for the defective tail light! You have to know how much I hate CS people - especially those wearing a badge - but I kept my cool, and showed up in court for the first time in my life to actually fight a ticket. I knew cops on the force, and their efforts to get the thing tossed for being BS were resisted by the citing officer.
    Get in front of the judge, who asked me if I'd gotten the tail light repaired yet. "Your Honor, it was actually permanently repaired prior to the issuance of the ticket." The whole courtroom buzzed, and the judge's head snapped up. Looking at the officer, he asked "Officer Numb-Nuts (I don't recall his actual name, but that's close enough), is that correct - was the tail light working again before you wrote the ticket?" NN: "Yes, sir."
    Look on the judge's face was classic - he was trying his best to look calm, but the fire in his eyes reflected the beet-red of his face.... "Sir, on behalf of the city, I want to apologize to you for having wasted your time being here today - your case is dismissed!" Turning to the cop, he said "I want to see you and your supervisor in my chambers after court! Oh - and bring the Chief, as well!"
    That cop had just come off his training w/the city........the Chief cut him loose about a week later.
     

    oldag

    TGT Addict
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    7   0   0
    Feb 19, 2015
    17,429
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    Ch. 9
    c) The use of force to resist an arrest or search is justified:

    (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

    (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

    Doesn't mean it is the wisest course of action.
     

    Axxe55

    Retiretgtshit stirrer
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    0   0   0
    Dec 15, 2019
    47,022
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    Lost in East Texas Elhart Texas
    Ch. 9
    c) The use of force to resist an arrest or search is justified:

    (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

    (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

    Doesn't mean it is the wisest course of action.

    Most states have such provisions in their statutes. But here's the rub, that unless you have some overwhelming proof the LE officer acted beyond his authority, or used unreasonable force, it's your word against his in court of law, and they tend to believe the LE officer the majority of the time.

    In a nutshell, those provisions are pretty much worthless IMO.
     
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