Unlawful Arrest Question

[SeriousSplinters]

Yes, we are all non-violent people. But, as stated in the shire document, we are all entitled to self defense after the initiation of force. That being said. If an officer decides to arrest you for recording them (which is clearly a legal activity), is that then an unlawful arrest? And if it is, can you legally defend yourself? I know that we dont advertise violence, but i think its a legitimate theoretical question. Any thoughts?

[MaineShark]

Technically... maybe.

There are a lot of conflicting laws and caselaws on the subject.

Physically resisting a cop is dangerous, regardless of whether it is technically lawful.  Even if you overcome him, you're not overwhelmingly likely to even make it to trial in one piece, because he's a gang member, and the other members of the blue light gang are likely to act in retribution against you.

One concept that's been floated around would be to announce to him that he's breaking the law and that you are placing him under arrest.  Tell him that you will physically cooperate with him, but are formally notifying him that if he fails to surrender, he is resisting a lawful arrest, and will be subject to the penalties thereof.  You'd have to be completely calm - not even a raised voice - to make it crystal clear if/when it comes to trial.  If you get in a shouting match with the cop, that's going to be viewed more intensely than your legal theory.  I don't know anyone who's tried it, to see how it might actually play out, and I'm not suggesting that it would actually work, but it does sound interesting.

[SeriousSplinters]

Thats sounds pretty reasonable. I was thinking, that if somebody successfully defended themselves legally and then won in court, alot of people would know about it, and alot of people would feel more comfortable defending themselves against criminals/gang members. But like you said, it would be hard getting out in one piece...

[blackie]

http://www.adn.com/2011/03/11/1750269/fairbanks-man-plotted-to-kill.html

[SeriousSplinters]

Thats a very interesting and disturbing article. But i dont see what it has to do with defending yourself against an unlawful arrest. And when i say defend, i dont mean guns or knives or weapons, that would result in the citizens death. I mean when a LEO tries to make an unlawful arrest, you resist physically and maybe get away, i DO NOT mean hurting them. Im a former divisional state champion wrestler, there are many ways to stop someone from hurting you without hurting them. This is what i mean.

[Givemeliberty]

Just about everything works in theory but, seeing as how this country is close enough to becoming a police state as you can get without it having that particular title. Would you really want to try putting that theory into practice ? 

[Henryk]

Unfortunately when you resist arrest you have no choice but, to submit. For the time being the cops have the upper hand and were given the power to stop us for myriad of reasons. 9/11 accelerated the power grab. The road back is long and will be painful for freedom loving folks like us.