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SVTPerformance's Chain of Restaurants
Road Side Pub
Legal precedence for resisting unlawful arrest?
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<blockquote data-quote="mc01svt" data-source="post: 14944430" data-attributes="member: 32337"><p>Does anyone here have a clear understanding of the validity of "legally" resisting an unlawful arrest? :shrug:</p><p></p><p>There seems to be 2 intrepretations that are completely on opposite sides of the spectrum.</p><p></p><p>A. LEOs in the field have basically unlimited arrest powers, do not resist under any circumstances. :nono: Doing so will result in an sequence of escalating amount of force including lethal. Even if the original interaction was stemming from a minor none-violent civil offense or a case of mistaken identity. In addition LEOS and federal agents are shielded from unlawful arrest lawsuits per <u>qualified immunity</u>. </p><p></p><p>B. An unlawful arrest/detention is an assault and citizens have a right to defend themselves and/or escape from the officer per U.S. constitution.</p></blockquote><p></p>
[QUOTE="mc01svt, post: 14944430, member: 32337"] Does anyone here have a clear understanding of the validity of "legally" resisting an unlawful arrest? :shrug: There seems to be 2 intrepretations that are completely on opposite sides of the spectrum. A. LEOs in the field have basically unlimited arrest powers, do not resist under any circumstances. :nono: Doing so will result in an sequence of escalating amount of force including lethal. Even if the original interaction was stemming from a minor none-violent civil offense or a case of mistaken identity. In addition LEOS and federal agents are shielded from unlawful arrest lawsuits per [U]qualified immunity[/U]. B. An unlawful arrest/detention is an assault and citizens have a right to defend themselves and/or escape from the officer per U.S. constitution. [/QUOTE]
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SVTPerformance's Chain of Restaurants
Road Side Pub
Legal precedence for resisting unlawful arrest?
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