Legal precedence for resisting unlawful arrest?

mc01svt

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This just happened, where the police executed a warrant at the wrong address or they were given a wrong address. The occupant killed an officer. He was arrested, and was found not guilty. The courts said that it is the job of the officers to assure they are issuing the warrant at the correct address and that the resident was within his rights to eliminate a perceived threat.

link?
 

svtfocus2cobra

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This just happened, where the police executed a warrant at the wrong address or they were given a wrong address. The occupant killed an officer. He was arrested, and was found not guilty. The courts said that it is the job of the officers to assure they are issuing the warrant at the correct address and that the resident was within his rights to eliminate a perceived threat.

He got lucky then that they didn't continue with their raid and finish him off.
 

shurur

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Criminals think they can get away with everything because of the liberals in this country making criminals into victims and those who stand up against criminals (victims) into criminals.

There are also cases (mine) where the criminals are friends of the police and call the police first. Often the police assume the innocence (victimization) of the one who called first and guilt is assigned to the other guy...rather than taking the time to get to the truth at the scene. But there is no incentive.

All the more reason to take LE on in the courtroom.

Now if only we could make a law that recoups the cost to a defendant who wins at trial and takes said money out of their budget. Then there would be incentive to sort things out at the scene.
 

Maustang

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It doesn't matter because cops will still do whatever they please and get away with it.

You resist arrest.
Cop "fears for his life" and shoots you.
You're dead.
Cop gets a paid vacation thanks to us tax-payers.

Here I colored the problem for you.
 

Zerohe

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The woman acted like a smart ass child and although the cop is getting the attention, I think the female should be getting some scrutiny. Act like a jackass to a cop or no cop, you're going to be treated as such.

Not putting out your cigarette is grounds for you to get out of the car? Im not saying shes innocent. I dont know how she ended up dead in her cell. The arrest was out of hand and she was trippin, sure. But its what happened after she was booked thats raising bows. But over a cigarette? Lmao. Im colored and dont want to be the next Eric Garner. I have everything going for me in life. I dont need to be dead to try and "stick it to the man".
 

SolarYellow

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Not putting out your cigarette is grounds for you to get out of the car? Im not saying shes innocent. I dont know how she ended up dead in her cell. The arrest was out of hand and she was trippin, sure. But its what happened after she was booked thats raising bows. But over a cigarette? Lmao. Im colored and dont want to be the next Eric Garner. I have everything going for me in life. I dont need to be dead to try and "stick it to the man".

You're colored? Excuse me but are we back in the 50's or 60's during Mississippi Burning?

Higher courts have upheld that police can make you leave your car if the officer deems you as a threat. I don't know if you can be made to exit your vehicle if your not a threat. There isn't much to tell you if you honestly believe this entire situation was over a smoke. She was a belligerent little bitch.

In regards to the smoke, perhaps the cop perceived it as a possible threat. Sure it sounds like nothing but get burned by someone waving a smoke and you get chills it hurts so bad. Who knows. Do you think maybe the chick could have acted like a big girl and maybe offered to place it in the ashtray? I wouldn't want smoke blowing in my face. One thing I am positive over is how the media is ignoring her behavior and focusing on such a relatively obscure issue as a cigarette. I'm not a fan of cops but even I can see what the media is doing. All they are trying to do is keep your eyes off what matters.
 
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Riddla

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In this country it is guilty until proven innocent and not the other way around.
 

01Jes

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Comply comply comply, sue sue sue. Now pay me mother****er.
 

Riddla

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You mean how the family and media seem to be blaming the cop and the jail for this woman's death?

I don't even know who died or what. I am just making a comment based on what happens in a lot of cases. They will take you in, do an investigation then let you off after finding out that you did nothing wrong.
 

oldmodman

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Anyone can resist arrest.
If you are fast enough and good enough you can even kill the officer(s).
And if your attorney(s) are really really good you may even escape prosecution.
At which point you will able to continue your life as if nothing had ever happened.
Except for that enormous target on your back. Forever.
Just imagine if EVERY COP, EVERYWHERE had it in for you.
Now. Wouldn't it have been easier to just sign the ticket?
 
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The woman acted like a smart ass child and although the cop is getting the attention, I think the female should be getting some scrutiny. Act like a jackass to a cop or no cop, you're going to be treated as such.

The video on that stop shows how outrageous the officer's response was to her comments.

So what if the lady acted like a jackass or made comments that maybe weren't prudent at the time. We don't live in a country where police can treat US citizens like they're in some kind of war zone dealing with an identified enemy. These kind of over reactions by police are very troubling.

You should see how many police act like jackasses at stops and cuss you out and make all kinds of veiled threats low enough, that their equipment can't pick it up.
 

2001sleeper

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Come on guys, it is the same story in all of these threads.

The same people that get angry over the government violating their rights with flag removals, gun limitations, socialist politics are the same one that come into these threads and tell you to give up your rights and just accept unlawful arrests. hahahaha

It should just be normalcy to accept an unlawful arrest, mortgage the house to pay a bondsman, lose your job for long nights in jail, and have a criminal record over an officer's ego. I mean come on, it is just soooooo easy to suck it up and go to court and let the friends of the force decide your fate.

give me a break.
 

SolarYellow

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The video on that stop shows how outrageous the officer's response was to her comments.

So what if the lady acted like a jackass or made comments that maybe weren't prudent at the time. We don't live in a country where police can treat US citizens like they're in some kind of war zone dealing with an identified enemy. These kind of over reactions by police are very troubling.

You should see how many police act like jackasses at stops and cuss you out and make all kinds of veiled threats low enough, that their equipment can't pick it up.

What was outrageous? Making someone exit their vehicle who was belligerent and non-compliant? That entire, tiresome video shows a real bitch whose actions look to have escalated what should have been a rather uneventful traffic stop into something much worse. As someone who dislikes cops I've been pulled over a few times and still have zero tickets in 22 yrs of driving and I can assure you it wasn't thanks to calling the cop Sir (because I refuse to do that)but rather because we both acted like normal adults. He records as do I and I also realize the side of the road isn't a courtroom.
 

rotor_powerd

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I'll put out the cig, get out of the car, go to jail, lawyer up, and sue sue sue. Sometimes it's better to play the game - when it's you vs. the police officer with the gun, it's one of those times.
 

MysticRob

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...So what if the lady acted like a jackass or made comments that maybe weren't prudent at the time...

She shouldn't have acted like a jackass in the first place.
She already broke the law once with the failure to signal. That is probable cause to allow the cop to do whatever else he deems necessary to protect himself and others. In this particular case it was telling her to put out her cigarette. She escalates from there by not following his lawful orders. This unlawful conduct continues until she is cuffed and stuffed for resisting arrest and assault on an officer. All this escalation means she's already NOT doing what 99.9% of any normal person would do, which is simply to comply with the officer's demands.

At what point did she screw up? Right when she failed to signal. Everything from there is on her for her unwillingness to comply and escalation of the situation AFTER she had already broken the law. She is at fault, no ifs, ands, or buts. That was a good arrest in my book.

Of course the media stirs up the idiocratic majority in this country and the next thing you know we have "OMG she was arrested for failing to signal!", and "the cops killed her in jail all because of failure to signal!".
 
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jlm961

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Come on guys, it is the same story in all of these threads.

The same people that get angry over the government violating their rights with flag removals, gun limitations, socialist politics are the same one that come into these threads and tell you to give up your rights and just accept unlawful arrests. hahahaha

It should just be normalcy to accept an unlawful arrest, mortgage the house to pay a bondsman, lose your job for long nights in jail, and have a criminal record over an officer's ego. I mean come on, it is just soooooo easy to suck it up and go to court and let the friends of the force decide your fate.

give me a break.

I disagree. Fighting a wrongful arrest in court is not sucking it up and taking it. It's taking your fight to a different venue. A legal one. The only bad thing about this arrangement I can see is that those with the financial resources to afford top class legal representation usually get justice and then some. Those stuck with a public defender....well....may be a good idea to buy yourself a jar of Vaseline before the court date. You may be losing your virginity.
 

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