pknopp
Diamond Member
- Jul 22, 2019
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So, is it murder when a person resists the police officer making an arrest based on a mistake of law, when the one being arrested grabs an officer's taser and tried to use it on the officer and the officer fires in self-defense?I think Post 53 makes my point better.and nobody is going to not know, right?you're saying that if a person believes that they are being arrested on baseless charges then they are entitled to resist arrest?no. I agree with that and I'm glad for it.So, when a asks your name it is your opinion that you're not required to give it to him without reason. And, if the police officer tries to arrest you, you're within your rights to resist that arrest. Is that what you were saying?The argument 9 times out of 10 is to just give in and take it up in court. No.
In the example I posted the prosecutor said it was his right to not give his name. The law says it was his right.
"Generally, a person is under no obligation to identify themselves to police during a routine encounter,
Charges dropped against jogger who was arrested by San Antonio police
Does this bother you? So what I said is not simply an opinion. It's a fact and the law.
What I'm saying is that just because you believe you are right, there in the moment, on the street, facing the cop, does not give you the right to resist arrest. Even if you believe the arrest is baseless, you still don't have the right to resist or run away, etc. You have to get your day in court, not on the street.
Do you see the difference?
You need to indeed know you are right. This man knew he was right. I believe a part of reform is trying to make people more aware of what their rights are and what they are not.
If the arrest is indeed baseless as we see here you do have the right to resist. Not only do people need to know their rights, the police need to understand them and understand that repercussions for violating them will be swift.
You know very well that isn't what I said. I said they need to know their rights.
So, what your are saying, in essence, is that anyone and everyone should be allowed to resist arrest?
When you are left with no valid argument, make one up.
They absolutely will. Some will be wrong.
You just don't see the error in your reasoning do you?
There is no error in my reasoning. My reasoning is the law.
You want adjudication on the street. You may not think that's what you want, but that's what you're asking for.
"I didn't do it" is not an excuse to resist. Everybody believes they didn't do it. Didn't you see Shawshank Redemption?
Unless the police have a valid reason to suspect you, it is a valid excuse. Did you not read the link I posted more than once?
If that's the case that those who are "right" are entitled to resist arrest, who gets to decide if they are right, and when? What happens if it escalates to violence?
The police need to know the laws forward and backwards and never demand something they can not demand. Many times people ask for a higher up to come and de escalate a situation.
Why would the cops in my link decide they were going to arrest someone exercising their right?
The only reason the guy in your link survived and walked away is because he stopped resisting at a certain point. He actually got arrested. The minor resisting of arrest was not chargeable because he had committed no crime.
Had the guy in your link resisted to the point of violence and been shot and killed, is that murder on the part of the cops?
(Fair warning. This is a trap)
Yes it's murder. Are the police always charged? No, that's why we have the protests.
Has it been the case that where you insist on protecting your civil rights that cops would often times kill you? Absolutely. That's why we are having protests.
You keep on making excuses for a police officer to not know the law. But I would say that is murder. The man acted in self defense and the cop killed him for it.
To use a real example..........
Suspended BPD Sergeant Ethan Newberg Indicted On 32 Counts For Allegedly Harassing Citizens
Why do you believe that the guy the officer assaulted should not be able to legally defend himself?
What about if it's a mistake in fact?
(Oh you're taking yourself down a terrible road.)
Not knowing the law is not an excuse for breaking it.