Is self-defense against police officers legal?
Everyone has seen lots of police brutality videos on the internet as portable recording devices have become more portable. During the last year, having seen time and time again the police in the US attacking and harrassing the protesters to break them and stop them from protesting it occurred to me...
If police officers try to tackle down an innocent citizen, and there are witnesses around that know the person is innocent, do they have the right to rescue the person from being assaulted? I mean, non-cop citizens don't have the right to attack someone, so others have the right to stop them from attacking someone. Cops are citizens too, and they need to obey the same laws. Is it legal to fight against an officer if it is to protect someone or yourself from harm when facing an armed hostile opponent? And if it isn't, is it also illegal to protect others or yourself when the assailant is not a police officer? Surely there can't be an exception in the case of law enforcement?
Or does the law work backwards? Does protecting yourself from an unlawful arrest attempt constitute as a suitable crime to retroactively validate the use of force by the police?
"What are you in for?" -"resisting arrest." "Arrest for what?" "-resisting arrest."
If police officers try to tackle down an innocent citizen, and there are witnesses around that know the person is innocent, do they have the right to rescue the person from being assaulted? I mean, non-cop citizens don't have the right to attack someone, so others have the right to stop them from attacking someone. Cops are citizens too, and they need to obey the same laws. Is it legal to fight against an officer if it is to protect someone or yourself from harm when facing an armed hostile opponent? And if it isn't, is it also illegal to protect others or yourself when the assailant is not a police officer? Surely there can't be an exception in the case of law enforcement?
Or does the law work backwards? Does protecting yourself from an unlawful arrest attempt constitute as a suitable crime to retroactively validate the use of force by the police?
"What are you in for?" -"resisting arrest." "Arrest for what?" "-resisting arrest."
Comments86
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once this real cocky cop arrested me and took me to jail. It was really scary. Several years later i saw him at my wife's class reunion. He kept staring at me like he sorta remembered me and was wondering if he should arrest me for something.
Problem was when he nailed me I was skinny and had long hair. Now Im fat and bald and wear glasses. It was pretty funny watching him fret over whether I was some gangster of somebody and he couldn't quite recall despite his keen detective memory.
That was a fun night
Problem was when he nailed me I was skinny and had long hair. Now Im fat and bald and wear glasses. It was pretty funny watching him fret over whether I was some gangster of somebody and he couldn't quite recall despite his keen detective memory.
That was a fun night
Morally yes... practically no. While I would praise the morality of any citizen willing to put themselves between an armed brute and a defenseless individual, it would be social, if not physical suicide. There is one thing the state does not tolerate, it is a challenge to their authority, no matter how noble, how just, how cleanly executed. As laws become more unjust and power is abused more and more, sadly, this will become ever more true.
In cities like Philadelphia where it's "shoot first, worry later" with the police I would not be all that willing to fight 'back'.
Your best bet is to fight back in court. Sue everyone and everything. There will never be a shortage of lawyers willing to take up that task.
Your best bet is to fight back in court. Sue everyone and everything. There will never be a shortage of lawyers willing to take up that task.
this.
Considering that 90% the cop's actions are justified?
In countries other than the US I'd agree. The US police, from an outsider's viewpoint seem on a par with the Chinese security services.
Don't believe everything you see on TV.
Not being there it's hard to find other examples. The only US cop I know (retired) moved to this country, cheated on his wife, beat his daughter up and the got arrested for impersonating a police officer and for dealing narcotics. He had a medal for good service. I know that a sample size of 1 is meaningless, but it doesn't paint a good image.
Source?
What do you mean "source"? Aside from the occasional news story where a cop took things too far, when someone is getting arrested, they cops are in the right, when they have to exert a little extra force when taking someone down.
You gave a number as 90% so I assumed you had a basis for that. Although cops are indeed most likely correct in their arrests, any real evidence for it like that would be resourceful.
It was an estimation. So fucking sue me.
Yeah, don't act surprised when you're rhetorically drubbed for throwing out completely arbitrary numbers in a serious discussion. You're not even addressing the topic. Nobody is saying that all police are bad, and I think everyone in this thread would probably acknowledge that they are necessary to enforce laws in society. Excessive use of force by police - even if limited to a very small minority of cops - is a problem that needs to be addressed, especially when there are indications that crimes are going unpunished.
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That's a difficult concept to allow though. That presents increasing harm to the police if they are trying to suppress somebody who is indeed acting unlawfully but claims otherwise. They might be unaware that they're indeed breaking the law or just want an excuse to avoid arrest. The police are given the protection to easier stop those that are breaking the law. Some self-defense should be permissible for obvious situations, but that's not usually the case.
No it isn't. The police can break the law and beat you into a bloody pulp and earn themselves a promotion afterwards.
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The case of the woman raped by cops, of which I am sure happens in rare occasions... you can actually defend yourself against. The point at which you were complying with the police to be arrested is your compliance to law enforcement. The point it turned to rape however the police no longer are protected by the law, you can actually shoot them... good luck proving that you were being raped, and if actually were being raped... I do hope you win.
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We would have to know why the evidence wasn't collected correctly when she reported the rape. Sadly I fear a cover up, which should have leaded to the arrest of those who covered it up. (yes, I have no problem hanging bad cop.)
Sounds like the America I know....
In the north maybe. But certainly not in the south.
No shit, it's called a joke.