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  #1  
Old 04-03-2008, 07:29 PM
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resisting an unlawful arrest

What is the name of your state? Mississippi. Is it still legal to resist an unlawful arrest in MS? ( I know in most states it's not.) When 3 or 4 cops are sent to make an arrest, do they all fill out reports? and Are the reports supposed to be public record?
  #2  
Old 04-03-2008, 07:33 PM
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Originally Posted by lookin4justice View Post
What is the name of your state? Mississippi. Is it still legal to resist an unlawful arrest in MS? ( I know in most states it's not.) When 3 or 4 cops are sent to make an arrest, do they all fill out reports? and Are the reports supposed to be public record?
It is not legal to resist arrest. Resisting arrest is illegal.

If an arrest is unlawful it will be so ruled in court.

Now in some narrow circumstances self defense / self protection rights do exist.

You have not sufficiently described the circumstances to advise further?

Was you arrest ruled unlawful, but resisting arrest charges still stick? Is that what you are saying?
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  #3  
Old 04-03-2008, 07:46 PM
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A friend was very upset, went walking late at night, and a cop saw him out walking and stopped. The guy just wasn't up to talking to anyone, so he started running. The cop got out of his car, chased him down and attacked him. He defended himself and was arrested for assaulting a cop.
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Old 04-03-2008, 07:54 PM
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Originally Posted by lookin4justice View Post
A friend was very upset, went walking late at night, and a cop saw him out walking and stopped. The guy just wasn't up to talking to anyone, so he started running. The cop got out of his car, chased him down and attacked him. He defended himself and was arrested for assaulting a cop.
That is not resisting arrest.

That is assaulting a police officer.

Depending on the specific facts of "attacked him" he might have a defense.
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Old 04-03-2008, 08:00 PM
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I doubt there is much defense available. Last I heard if you run from an officer, they are allowed to chase and detain simply because of that action.

I suspect "attacked him" means he tackled him and did what it took to cuff the guy.
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Old 04-04-2008, 02:55 AM
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Quote:
Originally Posted by justalayman View Post
I doubt there is much defense available. Last I heard if you run from an officer, they are allowed to chase and detain simply because of that action.

I suspect "attacked him" means he tackled him and did what it took to cuff the guy.
Actually, you are allowed to take that running as one piece of articulable suspicion to detain. Running - by itself - just ain't gonna cut it. But, if you combine other activity, the location, the time of night, etc., then you can make a case for a lawful detention.

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  #7  
Old 04-04-2008, 05:17 PM
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Originally Posted by CdwJava View Post
Actually, you are allowed to take that running as one piece of articulable suspicion to detain. Running - by itself - just ain't gonna cut it. But, if you combine other activity, the location, the time of night, etc., then you can make a case for a lawful detention.

- Carl
well, Carl, I didn't mean the cops could tackle all the folks running in the New York Marathon

I was being a bit light on the info. Thanks for the additive.
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  #8  
Old 04-04-2008, 05:57 PM
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Give someone a uniform, a badge, and a weapon,,,and they think they are GOD himself
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Old 04-04-2008, 08:49 PM
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Originally Posted by disneykid52 View Post
Give someone a uniform, a badge, and a weapon,,,and they think they are GOD himself
Really?

Hmm ... I have all three and I never thought I was "God." I also don't know anyone who thinks they were.

What brought THAT comment up? Talk about your left field commentary ...

- Carl
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  #10  
Old 04-04-2008, 11:05 PM
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Originally Posted by CdwJava View Post
Really?

Hmm ... I have all three and I never thought I was "God." I also don't know anyone who thinks they were.

What brought THAT comment up? Talk about your left field commentary ...

- Carl
This is America guy,,,I'm entitled to free speech last I knew,,,DEAL with it. If I cant voice my opinion about cops then you can consider me another Philip Nolan,,,,Now are you smarter than a 5th grader to figure out who he was?
  #11  
Old 04-04-2008, 11:12 PM
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Originally Posted by disneykid52 View Post
This is America guy,,,I'm entitled to free speech last I knew,,,DEAL with it. If I cant voice my opinion about cops then you can consider me another Philip Nolan,,,,Now are you smarter than a 5th grader to figure out who he was?
He didn't say you couldn't voice your opinion, genius, he just asked why you said it.

And America has laws. Guy.

Grow up.
  #12  
Old 04-04-2008, 11:58 PM
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I would think the police has every authority to chase down someone who intentionally tries to avoid them.

The law is you must comply with an officer's requests. If you don't like the officer's requests, fight it at trial. Not with the officer with physical violence.
  #13  
Old 04-05-2008, 02:27 PM
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So much for this being "FREE" country"
  #14  
Old 04-05-2008, 03:15 PM
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Quote:
I would think the police has every authority to chase down someone who intentionally tries to avoid them.
Well, they don't. Actually, unless I am seeking them out for some reason, rule #1 is to try to avoid all governmental officials who have enforcement powers. Nothing good will flow to me from such contact. Nothing. Logically, either nothing or bad things will happen. Cost/benefit analysis says avoid the police--unless you need them.

Quote:
The law is you must comply with an officer's requests.
Nope. Not even close. Such erroneous thoughts is the basis for the basic cop trick of "asking" for things in a way to make the person think they have to give it up. One must comply with an officer's legal demands. One should err on the side of following all demands whether legal or not and let the courts work it out later because cops have guns/Tasers/a radio to call other cops and it's really stupid to get into arguments with one. However, see rule #1.

Quote:
So much for this being "FREE" country"
It's "free"er than most.
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  #15  
Old 04-05-2008, 04:21 PM
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Quote:
Originally Posted by disneykid52 View Post
This is America guy,,,I'm entitled to free speech last I knew,,,DEAL with it. If I cant voice my opinion about cops then you can consider me another Philip Nolan,,,,Now are you smarter than a 5th grader to figure out who he was?
I never said you couldn't voice your opinion. But your rant was not on topic with the thread. if you want to rail against the police, at least do us all a favor and start your own thread on the subject.

I have no idea who Philip Nolan was or is, and I have no inclination to even look it up on Google.

- Carl
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