Current Events > Why do people believe you are or should be allowed to resist arrest?

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OctilIery
11/13/18 10:19:13 AM
#1:


Nevermind how it's obviously illegal even during false arrest, but allowing it is such a terrible idea as it's going to put more cops in danger and lead to more cop AND civilian deaths, while not serving anything :/
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eston
11/13/18 10:21:09 AM
#2:


What gets me is when people say you can resist an unlawful arrest. Who gets to decide that it is unlawful? Certainly not the person being arrested.
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OctilIery
11/13/18 10:23:12 AM
#3:


eston posted...
What gets me is when people say you can resist an unlawful arrest. Who gets to decide that it is unlawful? Certainly not the person being arrested.

They literally don't see the problem with the suspect judging his own guilt, probably because they're so caught up in "the system is bad!".
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gunplagirl
11/13/18 10:24:45 AM
#4:


Something that puts more police in danger?

Small sacrifice that needs to be made for liberties, I have no time to deal with conservatears.
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OctilIery
11/13/18 10:28:45 AM
#5:


gunplagirl posted...
Something that puts more police in danger?

Small sacrifice that needs to be made for liberties, I have no time to deal with conservatears.

I'm liberal as it gets, though. I just understand that encouraging people to assume they're in the right and ignore the system we have in place is a dangerous prospect that is going to greatly increase fatal encounters, including fatal for the suspect.
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VectorChaos
11/13/18 10:30:16 AM
#6:


You're talking to someone who worships Antifa as heroes.
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Bio1590
11/13/18 10:31:07 AM
#7:


eston posted...
What gets me is when people say you can resist an unlawful arrest. Who gets to decide that it is unlawful? Certainly not the person being arrested.

So basically "Fuck you, just let the police do what they want to and leave you to deal with all the consequences even though you never should have been arrested"?
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ZEROWOLF
11/13/18 10:33:59 AM
#8:


It is legal to use force to resist an arrest in the State of Texas if Texas Penal Code Section 9.31(c) applies.

Under Texas Penal Code Section 9.31(c):

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officers (or other persons) use or attempted use of greater force than necessary.

In other words, if the police officer uses excessive force against the person, then the use of force in resisting that arrest is justifiable and defensible under state law.
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OctilIery
11/13/18 10:34:15 AM
#9:


Bio1590 posted...
eston posted...
What gets me is when people say you can resist an unlawful arrest. Who gets to decide that it is unlawful? Certainly not the person being arrested.

So basically "Fuck you, just let the police do what they want to and leave you to deal with all the consequences even though you never should have been arrested"?

More like "understand that during the arrest is not the time or place to fight it".

Unless the police are physically harming you, that's very different.
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OctilIery
11/13/18 10:34:47 AM
#10:


ZEROWOLF posted...
It is legal to use force to resist an arrest in the State of Texas if Texas Penal Code Section 9.31(c) applies.

Under Texas Penal Code Section 9.31(c):

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officers (or other persons) use or attempted use of greater force than necessary.

In other words, if the police officer uses excessive force against the person, then the use of force in resisting that arrest is justifiable and defensible under state law.

Yeah I should've clarified I'm talking about cases without excessive force.
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BuzzyTheCat
11/13/18 10:35:38 AM
#11:


Bio1590 posted...
eston posted...
What gets me is when people say you can resist an unlawful arrest. Who gets to decide that it is unlawful? Certainly not the person being arrested.

So basically "Fuck you, just let the police do what they want to and leave you to deal with all the consequences even though you never should have been arrested"?

You are going to get arrested either way. Your immediate choice is, go peacefully, or get your skull caved in then arrested. Courts decide guilt or innocence. Not defendants or police officers.
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Bio1590
11/13/18 10:37:19 AM
#12:


BuzzyTheCat posted...
Courts decide guilt or innocence. Not defendants or police officers.

Hahahahahahahahaha
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knutjob
11/13/18 10:37:22 AM
#13:


OctilIery posted...
ZEROWOLF posted...
It is legal to use force to resist an arrest in the State of Texas if Texas Penal Code Section 9.31(c) applies.

Under Texas Penal Code Section 9.31(c):

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officers (or other persons) use or attempted use of greater force than necessary.

In other words, if the police officer uses excessive force against the person, then the use of force in resisting that arrest is justifiable and defensible under state law.

Yeah I should've clarified I'm talking about cases without excessive force.


So the person being arrested is able to judge what is excessive but not what is unlawful?
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eston
11/13/18 10:38:35 AM
#14:


Bio1590 posted...
BuzzyTheCat posted...
Courts decide guilt or innocence. Not defendants or police officers.

Hahahahahahahahaha

I'm glad your ignorance is so funny to you
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Lost_All_Senses
11/13/18 10:38:53 AM
#15:


*comes in and sees conversation*

Nope

*Leaves*
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Bio1590
11/13/18 10:39:05 AM
#16:


OctilIery posted...
Bio1590 posted...
eston posted...
What gets me is when people say you can resist an unlawful arrest. Who gets to decide that it is unlawful? Certainly not the person being arrested.

So basically "Fuck you, just let the police do what they want to and leave you to deal with all the consequences even though you never should have been arrested"?

More like "understand that during the arrest is not the time or place to fight it".

Unless the police are physically harming you, that's very different.

This is removing all onus from the police that they shouldn't be arresting you in the first place if it's not a lawful arrest.

Why are they allowed a free pass to basically fuck up someone else's life from their (may intentional, maybe not) mistake?
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kingdrake2
11/13/18 10:39:17 AM
#17:


BuzzyTheCat posted...
Bio1590 posted...
eston posted...
What gets me is when people say you can resist an unlawful arrest. Who gets to decide that it is unlawful? Certainly not the person being arrested.

So basically "Fuck you, just let the police do what they want to and leave you to deal with all the consequences even though you never should have been arrested"?

You are going to get arrested either way. Your immediate choice is, go peacefully, or get your skull caved in then arrested. Courts decide guilt or innocence. Not defendants or police officers.


don't forget the other consequences. shot or tased. i saw a liveleak video with someone getting shot in the bathroom while resisting arrest (wasn't an accident either).
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frogman_295
11/13/18 10:39:26 AM
#18:


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ZEROWOLF
11/13/18 10:39:56 AM
#19:


knutjob posted...

So the person being arrested is able to judge what is excessive but not what is unlawful?


Correct.

Texas Penal Code - PENAL 38.03

(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.
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Sam and Robert are the hitch-hikers on the road.
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knutjob
11/13/18 10:41:11 AM
#20:


ZEROWOLF posted...
knutjob posted...

So the person being arrested is able to judge what is excessive but not what is unlawful?


Correct.

Texas Penal Code - PENAL 38.03

(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.


I'm questioning the logic behind it, not the law itself.
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OctilIery
11/13/18 11:03:58 AM
#21:


Bio1590 posted...
OctilIery posted...
Bio1590 posted...
eston posted...
What gets me is when people say you can resist an unlawful arrest. Who gets to decide that it is unlawful? Certainly not the person being arrested.

So basically "Fuck you, just let the police do what they want to and leave you to deal with all the consequences even though you never should have been arrested"?

More like "understand that during the arrest is not the time or place to fight it".

Unless the police are physically harming you, that's very different.

This is removing all onus from the police that they shouldn't be arresting you in the first place if it's not a lawful arrest.

Why are they allowed a free pass to basically fuck up someone else's life from their (may intentional, maybe not) mistake?

They shouldn't, and should absolutely be held accountable. The problem is that legalizing resisting arrest in case of unlawful arrest will encourage people to judge their own innocence, leading to people resisting during lawful arrests.
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OctilIery
11/13/18 11:57:46 AM
#22:


kingdrake2 posted...
BuzzyTheCat posted...
Bio1590 posted...
eston posted...
What gets me is when people say you can resist an unlawful arrest. Who gets to decide that it is unlawful? Certainly not the person being arrested.

So basically "Fuck you, just let the police do what they want to and leave you to deal with all the consequences even though you never should have been arrested"?

You are going to get arrested either way. Your immediate choice is, go peacefully, or get your skull caved in then arrested. Courts decide guilt or innocence. Not defendants or police officers.


don't forget the other consequences. shot or tased. i saw a liveleak video with someone getting shot in the bathroom while resisting arrest (wasn't an accident either).

Yup. Exactly why it isn't and shouldn't be legal, it encourages behavior that will lead to more deaths.
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Veggeta X
11/13/18 12:05:01 PM
#23:


If the cop is corrupt or not, I will peacefully go down. The court will prove my innocent and then I will sue for a shit ton of money.
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OctilIery
11/13/18 7:42:29 PM
#24:


Veggeta X posted...
If the cop is corrupt or not, I will peacefully go down. The court will prove my innocent and then I will sue for a shit ton of money.

More or less. Also not perfect, but a much better solution.
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