Do I have to comply with police requests to put my hands in the air?

[Adam Rinkleff]

What is the name of your state (only U.S. law)? Texas

The other day, I was walking down the sidewalk and cops showed up; they had guns out, told me to put my hands in the air, repeatedly threatened to shoot me, told me to get down on the ground, and to then put my hands behind my back and submit to being handcuffed. At first, they offered no explanation whatsoever for this, although they eventually explained that somebody robbed a gas station. They never apologized. Was I legally required to comply? Personally, I'm rather sick and tired of cops chasing after the 'bad guys' and overly harassing the rest of us; last year they busted into my motel room while looking for a murderer, they threatened to shoot me then as well.

Anyways, they let me go after ten minutes, but the whole time I was considering the fact that I'd rather get shot dead then put up with their police-state bull****.

[Some Random Guy]

I was considering the fact that I'd rather get shot dead then put up with their police-state bull****.

So I guess this means that any reasonable advice will be lost on you.

If you fail to follow a lawful order of a police officer, you may find yourself under arrest for obstruction or resisting arrest. If you make suspicious or threatening movements while being held at gunpoint, then your family members will not have very good chances in their wrongful death lawsuit.

[Adam Rinkleff]

Originally Posted by Some Random Guy

If you fail to follow a lawful order of a police officer, you may find yourself under arrest for obstruction or resisting arrest.

I -clearly- asked if I was legally required to comply with their requests. Since you didn't directly answer that question, you apparently don't actually know the answer... so please stop wasting everyone's time with your ignorant opinions.

[CdwJava]

Originally Posted by Adam Rinkleff

The other day, I was walking down the sidewalk and cops showed up; they had guns out, told me to put my hands in the air, repeatedly threatened to shoot me, told me to get down on the ground, and to then put my hands behind my back and submit to being handcuffed.

They tend to do this when they have reason to believe that you might be armed or otherwise dangerous. Yes, they can do this, and if you want to avoid possibly getting shot or taken down in a very sudden and violent manner, it is generally best to go along with it.

At first, they offered no explanation whatsoever for this, although they eventually explained that somebody robbed a gas station.

That kind of explains it.

They never apologized.

While it would have been the polite thing to do, it is not legally necessary.

Was I legally required to comply?

You are required to comply with the lawful directions of a peace officer. if you had failed to comply, you would likely have been hurt ... plus, you would have likely been arrested for said failure to follow a lawful order.

If you thought someone had a gun and might be armed and dangerous, and he was simply blowing you off, you think you'd spend a lot fo time engaging him in polite discourse?

Personally, I'm rather sick and tired of cops chasing after the 'bad guys' and overly harassing the rest of us; last year they busted into my motel room while looking for a murderer, they threatened to shoot me then as well.

Just where are you hanging out, and what kind of things are you up to? Maybe it's time to move.

If you have a problem, complain to the local agency.

Anyways, they let me go after ten minutes, but the whole time I was considering the fact that I'd rather get shot dead then put up with their police-state bull****.

Well, then next time, don't comply.

- Carl

[Adam Rinkleff]

Ok, children, I understand that you want to support the cops in whatever they do; but I explicitly asked a question... if you don't know the answer, then don't respond. Unless you know of a law which requires individuals to raise their hands and lie down on the ground whenever cops demand... then don't respond. I don't care about your stupid opinions, either you know the law, or you don't; as for the two previous respondents, they clearly don't know what the law states.

[Nativity]

Did you just seriously say a Cop doesn't know what he is talking about when he responded to you?

Seriously?

[Adam Rinkleff]

Originally Posted by Nativity

Did you just seriously say a Cop doesn't know what he is talking about when he responded to you?

Seriously?

Unless you can cite specific law codes, please stop wasting everyone else's time on this forum; nobody here cares about your opinions.

[CdwJava]

Originally Posted by Adam Rinkleff

Ok, children, I understand that you want to support the cops in whatever they do; but I explicitly asked a question... if you don't know the answer, then don't respond. Unless you know of a law which requires individuals to raise their hands and lie down on the ground whenever cops demand... then don't respond. I don't care about your stupid opinions, either you know the law, or you don't; as for the two previous respondents, they clearly don't know what the law states.

REALLY ... okay ... if you say so.

Whether you choose to believe it or not, the law requires that you comply with the lawful directions of a peace officer. You can choose NOT to raise your hands, but you then choose to face the consequences of said actions. It's your call. Do you HAVE to comply? No. But, you may face repercussions for said actions.

Can you cite a law that gives you the authority to defy their lawful order?

Read up on laws concerning detention, and concerning obstructing, resisting or delaying an officer in your state. Start with 38.01 of the TX Penal Code and there are a number of possible charges that might be brought to bear.

If you don't believe it, then the next time you are given a command by an officer and find yourself arrested or taken down with force, you are free to hire an attorney to press your issue. Good luck with that.

- Carl

[Adam Rinkleff]

Clearly, you can't cite a law which directly applies to this issue; bye.

[CdwJava]

Originally Posted by Adam Rinkleff

Clearly, you can't cite a law which directly applies to this issue; bye.

Clearly, you haven't a clue about the law.

Good luck, friend.

- Carl

[Nativity]

Clearly you're too much of a moron to use google yourself. - Not directed at Carl.

§ 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION.
(a) A person commits an offense if he intentionally prevents or
obstructs a person he knows is a peace officer or a person acting in
a peace officer's presence and at his direction from effecting an
arrest, search, or transportation of the actor or another by using
force against the peace officer or another.
(b) It is no defense to prosecution under this section that
the arrest or search was unlawful.
(c) Except as provided in Subsection (d), an offense under
this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third
degree if the actor uses a deadly weapon to resist the arrest or
search.

[Adam Rinkleff]

Look, kiddos, shut up; let other people respond, you've had your chance, and you clearly can't answer the question.

[CdwJava]

It was answered, "kiddo," you just did not LIKE the answer. The answer to the question: " Do I have to comply with police requests to put my hands in the air?" is, "No."

But, with that refusal to comply comes the likelihood that reasonable (and possibly, painful) force will applied to effect the detention, and that you may get charged with some manner of obstruction for said failure to comply. But, you DO have the right to refuse ... it's just that there are consequences to doing so.

And, considering this immature and brash display here, I wouldn't expect you'll get any more answers from the regulars here at this point anyway.

Good luck, and adios.

- Carl

[Adam Rinkleff]

Unless you can cite some laws or court cases related to this specific question, you aren't answering the question. Lol, why are message boards always filled with morons who have no social life and who feel motivated to talk on every thread even when they have no idea what they are talking about? Just because you are a 'regular' here, that doesn't make you an intelligent person.

[CdwJava]

Okay ... like I said, you don't have to agree with it. If you want the specifics of the law in your state, consult an attorney who will likely charge you a good deal of $$$ to provide this information along with a host of case law decisions for which he will be able to charge billable hours.

No, I can't cite the specifics of your state's laws because (a) you are in a different state (if you were in CA I could flood you with case law), and, (b) you are in a different federal circuit (the 5th) which may hold some slightly different interpretations i am unaware of. There IS a Texas attorney on here, but he may decide your too big a pain to treat to his wisdom, but maybe he'll be kind.

Suffice it to say that unless TX is out of step with the rest of the nation, the police may use reasonable force to gain compliance to a lawful detention or arrest. You may refuse to comply, but you may well face the consequences of said actions.

- Carl