Right to Self-Defense Against Police

[Delta4Embassy]

I'm not a lawyer, and none of what follows is legal advice.

Story on Fox n Friends this morning about a black female college professor arrested by campus police officers who were white for j-walking caught my attention. Incident's on video, and witnesses called 911 on the officers claiming excessive force.

Arizona professor?s jaywalking arrest quickly gets out of hand | FOX6Now.com

Reading coverage of the incident above, I don't think she had a right to self-defense. She was in fact j-walking so the officer(s) had every right to stop and question her. Her beligerance seems to be what escalated the incident. So when the officers had had enough and tried handcuffing her and she resisted, it would seem they were making a lawful arrest. If she'd just been walking down the sidewalk or something she'd have a case, but as-is it doesn't seem as though she does.

The professor arrested claims self-defense. So naturally I got to wondering whether or not citizens being detained or arrested have any right of self-defense against police officers. Since the professor's case is ongoing, this is more abut the theory than that specific incident.

Googling for info, there's numerous precedents where citizens repelled unlawful police arrest, some in which they actually killed the officers and were aquitted of murder.

Your Right of Defense Against Unlawful Arrest

Seems the bottom line is yes, we have a right of self-defense IF an attempted arrest is illegal and without cause. Whether seizing that right is a good idea, I'm inclined to think not. Can avail ourselves of the law in court and without all the bruises...

 

[Mr. H.]

Even if I were in the process of being arrested illegally and without cause, the last thing I'd want to do is fuck around with someone who has a badge and a gun. Be cool and let the courts iron it out.

 

[Delta4Embassy]

Rights on the street don't really exist. Wait til you see the judge. Most interactions with law enforcement will go smoothly if you don't start disputing the officer asserting these rtights you may well have, but when the guy with the gun and radio to summon his dozen friends is the other person involved, keep your mouth shut. Better to suffer the indignity of a bad arrest and sue for millions then have your head smashed against the ground.

 

[williepete]

It takes a special kind of stupid to turn a minor jaywalking fine into charges of assaulting a police officer, resisting arrest, failing to provide ID and obstructing a public thoroughfare.

“Professor Ore’s one crime that evening was to demand respect that she deserves as a productive, educated and tax paying member of society,” Roby wrote in a statement....

News flash professor: Respect is earned. There's no other way to get it. Acting like an arrogant idiot doesn't work. Acting like an arrogant idiot in front of a police officer is a self-critiquing error.

This actually happened to a guy I used to work with but shy of an assault charge. A cop approached him because he jaywalked. If he had kept his mouth shut, he would have only paid a minor fine. Instead, he shot his mouth off and started a heated argument with the cop. He got to spend the night in jail and later had to cough up big bucks for a lawyer and waste a lot of time in court. He missed a few days from work which he had to explain to our boss. His professional reputation was sullied. Not worth the price.

Avoid contact with cops at all cost. Easiest way to do that is to follow the law. When you're in contact with cops, you're not holding any cards.

 

[whitehall]

You have the right to counsel and the right to remain silent but you don't have the right to resist arrest. You can sue the municipality later if the charges were proved bogus. If you are not sure if the person or persons taking you into custody are really police officers you have the right to resist. The only woman to survive Ted Bundy was a woman who didn't believe the police badge he flashed was real or the VW she was confined in was a police car.

 

[emilynghiem]

The police and community should have an agreed procedure what to do if someone contests for other reasons than committing a crime.

Can it be an accepted procedure to call a lawyer or a friend to be a witness or to verify ID, or answer the officers questions on the spot?

If he started to arrest her, I don't agree with her "kicking the officer" which is assault,
but there should be an agreed process what to do in case of conflict. This should have been avoided.

[MENTION=46449]Delta4Embassy[/MENTION] since your family is professional law enforcement,
do you know of programs you recommend for training citizens in the procedures?
In Houston there is a citizens academy. There are also self-defense courses,
and of course, arms training; I support the idea of requiring citizens to go through basic training and signed agreement to follow set procedures so these confrontations don't happen. the police can tell who isn't agreeing to follow policy; and citizens can tell if police are out of line or if that is the correct protocol. What do you think, what do you suggest?

I'm not a lawyer, and none of what follows is legal advice.

Story on Fox n Friends this morning about a black female college professor arrested by campus police officers who were white for j-walking caught my attention. Incident's on video, and witnesses called 911 on the officers claiming excessive force.

Arizona professor?s jaywalking arrest quickly gets out of hand | FOX6Now.com

Reading coverage of the incident above, I don't think she had a right to self-defense. She was in fact j-walking so the officer(s) had every right to stop and question her. Her beligerance seems to be what escalated the incident. So when the officers had had enough and tried handcuffing her and she resisted, it would seem they were making a lawful arrest. If she'd just been walking down the sidewalk or something she'd have a case, but as-is it doesn't seem as though she does.

The professor arrested claims self-defense. So naturally I got to wondering whether or not citizens being detained or arrested have any right of self-defense against police officers. Since the professor's case is ongoing, this is more abut the theory than that specific incident.

Googling for info, there's numerous precedents where citizens repelled unlawful police arrest, some in which they actually killed the officers and were aquitted of murder.

Your Right of Defense Against Unlawful Arrest

Seems the bottom line is yes, we have a right of self-defense IF an attempted arrest is illegal and without cause. Whether seizing that right is a good idea, I'm inclined to think not. Can avail ourselves of the law in court and without all the bruises...