Do you have the right to resist law enforcement during an unlawful arrest?

[Gravitycollapse]

And I don't mean yelling at them. I'm talking about physically resisting.

[leftstreet]

1. Resisting Arrest is usually determined before Unlawful Arrest n/t

[jehop61]

2. No

It is up to a judge and/or jury to determine what is lawful.t

[femmocrat]

3. Nope.

Haven't you seen pictures of peaceful protestors being carried away?

[geek tragedy]

4. Nope. Not in the slightest. nt

[rightsideout]

5. If the cops think it's lawful you don't have much of a chance.

I'm not sure how successful you can be against an armed ego-maniac throwing his power, billy club and mace around.

Sorry coppers, that's how I feel about you from what I've seen.

[arely staircase]

6. You will lose, even if in the right.

bet to let your lawyer do the resisting.

[Thinkingabout]

7. Probably not the smartest thing to do, just cooperate, if everything is alright you will probably be

On your way. Not cooperating could result badly, ask yourself "Is this bad enough for me to give my life for", if the answer is no then just cooperate.

[sharp_stick]

8. No not really

you wind up actually committing a crime by resisting arrest.

You're recourse comes when you go before a judge...theoretically at least.

[orpupilofnature57]

9. I took a Human Rights & Civil Liberties class once

and the teacher said " you have as many rights as the arresting officer observes " see him in court, but not for resisting arrest .

[galileoreloaded]

10. yes. of course. just make sure you are rightous in your claim. nt

[orpupilofnature57]

20. Whaaa????

[galileoreloaded]

21. is there a question? nt

[orpupilofnature57]

25. Is that Shakespearian ? Or just a cry for detention ?

Exercise and/or TM could help that .

[Lil Missy]

11. That's not a good idea.

And, hypothetically, just because you deem your impending arrest unlawful, doesn't mean it is, in fact, unlawful.

[PoliticAverse]

12. It depends on the state, as state laws vary in this regard.

For example, in Ohio see:

The right to resist an unlawful arrest:
http://www.opd.ohio.gov/RC_Casebook/resisting_arrest.htm#The%20right%20to%20resist%20an%20unlawful%20arrest

[Agnosticsherbet]

13. What court declares it an unlawful arrest before you have been in court?

You may consider it an unlawful arrest.
A court may eventually agree with you.
But if you resist arrest, the police are authorized to use greater force to arrest you, up to and incluiding deadly force.
Resisting arrest is, itself, a crime, so once you resist you havre added a crime to the one that you assume you haven't comtted. If you resist with violence, that is assualting apolice officer, another crime.

[davidn3600]

14. Probably not a good idea considered how militarized the police has become these days

[safeinOhio]

15. My ex-wife once gave me a tee shirt

that said....

"You have the right to remain silent, anything you say will be misquoted and used against you".

Sad thing is it's true.

By the way, she was a cop.

[Cleita]

16. No. It's not a smart thing to do.

Try to fight it when you go to court instead.

[struggle4progress]

17. SCOTUS said you did in 1900, but that was some time ago, and the law may have changed

John Bad Elk v. United States, 177 U.S. 529 (1900)
... At common law, if a party resisted arrest by an officer without warrant and who had no right to arrest him, and if in the course of that resistance the officer was killed, the offense of the party resisting arrest would be reduced from what would have been murder if the officer had had the right to arrest, to manslaughter. What would be murder if the officer had the right to arrest might be reduced to manslaughter by the very fact that he had no such right. So an officer at common law was not authorized to make an arrest without a warrant for a mere misdemeanor not committed in his presence ...
http://supreme.justia.com/cases/federal/us/177/529/case.html

I'm not a lawyer, but I think there are only very limited circumstances under which I would consider resisting an arrest that I considered improper

[BainsBane]

18. No, and anyone who tries is in for a world of hurt

When you're booked, get a lawyer and use the courts to contest the arrest. Resisting arrest is itself a crime, so if you haven't done anything wrong and you resist, you now are guilty of breaking the law.

[morningfog]

19. Sure, but the consequence is likely a beating or death.

But, you would be in the right.

You are better off conceding the arrest and having the charges dismissed.

[kestrel91316]

22. If you resist arrest, most cops these days will either taze you or shoot you.

So you're taking a serious chance of being killed. But at least you will have resisted, right?

[Posteritatis]

23. Probably depends wildly on venue these days

The right exists in Canada, thanks to a fairly obscure court ruling earlier this year, but I have no idea what the case law in the US is on that. Either would fall under "have fun giving that defense in court," of course..

[TheDebbieDee]

24. Yes you can, but they'll just the $hit out of you and then arrest you anyway.......

[phillysquatter]

26. no

no way.. batons and tazers are the law

[X_Digger]

27. That's really two questions.. does the right exist, and can you exercise it..

The answer to the first is yes. A law enforcement officer is not a deity, infallible and omnipotent.

Can you exercise it? Depends on the state. Many have statutes that you can resist an unlawful arrest.

[RedCappedBandit]

28. No. And this is why I DON'T TRUST POLICE. nt

[Historic NY]

29. The street isn't the place to resist, resist in court.

[ZombieHorde]

30. People don't really have rights.

I wouldn't advise resisting arrest, unless you feel you are going to get the death penalty.

[cpwm17]

31. In a well publicized 1985 case from San Diego

Sagon Penn resisted arrest, killed a police officer and injured two others. He was never convicted, though he went through two trials.

The local news media and much of the public sided with Sagon Penn. Witnesses said the officers racially assaulted Sagon Penn. Sagon Penn was black.

http://articles.latimes.com/1985-04-02/news/mn-19309_1_san-diego-police

http://legacy.utsandiego.com/news/metro/20020704-9999-penn.html

[stevenleser]

32. Theoretically yes. Practically, depends on jurisdiction. I've seen cases where someone killed a

police officer who either hadn't identified themselves or wasnt making a completely legal arrest and they got off. Will have to find the case if you need it...

Edited to add: Its definitely not something I would recommend trying

[dogknob]

33. If you can afford a lawyer, you have nothing to worry about.

Everyone else is guilty.

[Old Codger]

34. Maybe

But you also have the right of way in a well marked pedestrian crossing but if you step in front of a car you will be right but dead anyways.. do what hey tell you and sue later... Not worth the beating.