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  #41  
Old 09-20-2007, 01:59 AM
MuresanForMVP MuresanForMVP is offline
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Default Re: here\'s a police brutality deal for real

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The problem is there is no way to resist. If you resist an unjust arrest you end up getting your leg broken and being guilty of the crime "resisting arrest" even if it's later determined that the cops had no right to be doing that in the first place.

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Incorrect.

"Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense." (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).

"An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery." (State v. Robinson, 145 ME. 77, 72 ATL. 260).

"Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary." Plummer v. State, 136 Ind. 306.



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I definitely don't judge the crowd for it because if they had done something about it they'd all be arrested to!


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"One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted; molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance." (Adams v. State, 121 Ga. 16, 48 S.E. 910).


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Jesus, I really should have known about these rulings. Is there any way it possibly plays out like this in real life though? The thought of someone being unlawfully arrested and responding with force just doesn't seem...smart
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  #42  
Old 09-20-2007, 11:55 AM
AbreuTime AbreuTime is offline
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Default Re: here\'s a police brutality deal for real

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Jesus, I really should have known about these rulings. Is there any way it possibly plays out like this in real life though? The thought of someone being unlawfully arrested and responding with force just doesn't seem...smart

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It's not smart, and I wouldn't recommend it. It just may be defensible in court.
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  #43  
Old 09-20-2007, 12:18 PM
PLOlover PLOlover is offline
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Default Re: here\'s a police brutality deal for real

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The main problem I have is that some people are assuming that this man was being denied entry and escorted out for no reason. If this was the case, then yes I would agree that it was wrong, but the fact is that none of us know what the reason was if there were any at all. We weren't there, we didn't witness the event develop and the recording we have seen doesn't nearly capture the whole incident, but some of you immediately assume that there were no reasons. That is just wrong. We have no clue what went on in this incident and to assume that the police were acting out of line is being horribly unfair to them.

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it's a good bet that it was because he was head of an antiwar group.

if the police ccame out and said that that indeed was the reason, what would you thinki?
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  #44  
Old 09-20-2007, 12:31 PM
PLOlover PLOlover is offline
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Default Re: here\'s a police brutality deal for real

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have you even watched the video? I can only gather you haven't as you obv don't know what i'm even pointing out, and you clearly don't observe that at 1:41 he lunges forward, colliding with the officer.

If anything, its unclear who first initiated the force, was it the officers tackling him (AFTER the lunge), or did he knock the officer off balance when he ran into him.

the more i watch this video the less I think there was anything done wrong from a physical standpoint. If the officers had no reason to prevent him from going in that's one thing but the rev acted totally inappropriately starting at 1:39, it appears as though he's trying to bully his way past the officers, and perhaps resist what he thought was an attempt to restrain/handcuff him.

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well from what I see the police had their hands all over him and were pushing him away and he resisted. ok I agree with that. since the police initiated force I think it is up to them to explain their reasoning.

now if they had said "you are under arrest" first, then it would be different, but one moment they're talking and the next he's being manhandled. I mean, if you go into walmart and give the girl rings up your item twice, and you explain that she overcharged you, do you expect to be assualted if your conversation lasts more than 30 seconds?

also as far as the lunge, I mean if I'm pushing on your back and you stop I'm gonna push harder, that's probably why apparently lunged and bent over. irrelevant, but thats probably why.

personally I don't know why they have police doing the crowd/greeter function, they should have normal people for that and the police just get involved if things get out of hand.
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