___________ arrested for ___________ !!!!

[Badger]

The problem with this issue is the hard headed I'm right no matter what, anti LEO types ALWAYS THINK their arrest is unlawful when in reality it is not.
It is for a judge and jury to decide if it was unlawful, not the suspect on the side of the road.
All that LEO has to prove is that he was acting in good faith in trying to perform his duties.
On the other hand when you resist, you will have to prove that you were justified in placing yourself in a superior position of being above the law..you decided you are smarter and better adept at making those decisions than trained LEOs, AND judges and juries, 1 in a million shot of success...if you live thru the act of resisting in the first place (as you escalate your level of resistance LEO's will escalate their force level in dealing with it).
Now obviously, if a LEO told you to rob a bank or kill someone or some way out crazy thing like that, you would resist by refusing..that comes under the statutes that cover "lawful/unlawful" direction or command.
Resisting arrest is a whole different animal that would involve physical contact and and will not have a positive outcome for the person who THINKS he is smarter than the average Supreme Court Justice.
If you think your arrest is/was unlawful, take your grievance to the courthouse like an intelligent human being or throw your LEGAL RIGHTS out the window on the roadside and for CERTAIN suffer the unwanted and unfavorable consequences

 

[wozbean]

All that LEO has to prove is that he was acting in good faith in trying to perform his duties.

This only applies to some LEO. Some "look" for a reason to "arrest" you. e.g. the guy open carrying and the LEO trying to get him to say "he was making a statement" so the LEO could arrest him for unlawful protest w/o permit.

Now obviously, if a LEO told you to rob a bank or kill someone or some way out crazy thing like that, you would resist by refusing..that comes under the statutes that cover "lawful/unlawful" direction or command.
If you think your arrest is/was unlawful, take your grievance to the courthouse like an intelligent human being or throw your LEGAL RIGHTS out the window on the roadside and for CERTAIN suffer the unwanted and unfavorable consequences

I feel you are throwing your rights away when you allow the LEO to illegally detain you. I can't say what I would because it has never happened to me.
I do have 2 comments though. (kind of unrelated but still a little relevant I think)
1. I have an attorney on retainer
2. I carry a digital voice recorder.

I'll try to make this short. I have primary custody of my son, my ex had me arrested and got a restraining order. So when I got arrested the police gave her my son. When I got out she had my son but I couldn't pick him up because of the restraining order. So my aunt, uncle and my attorney went there in my place to pick up my son. Well she called the cops. 3 cop cars show up and they get in an argument with attorney when she had the divorce paperwork showing I had custody. They wouldn't go get my son and return him. They said to file with the court and let them decide. I wasn't about to go 2 months without my son. We all know who slow the courts are. My attorney protested (because my ex wouldn't release my son either). The LEO said they were going to arrest her. Cuffs out as far as I know because obviously I was over 200 yards away and couldn't see. But little did the LEO know that my PI had put a micro camera/mic on my attorney. My PI was parked on the road 3 houses away just in case. So when she said she was recording the event the LEO changed his tune and went and got my son since she technically didn't have visitation that week. Was it technically kidnapping? I don't know, maybe.

 

[Jester7]

They call me "tater salad"

You caught the tater!

 

[Jester7]

Y'all resist all you want. If I'm in a situation with a LEO I will obey the officer even if I disagree. I will state my case but I will NOT disobey a man with a gun, tazer, pepper spray and an Asp. If I feel he is disregarding my rights I will obey and afterwards subpoena the dash cam for the law suit. The side of the road is NOT the place to get into a civil rights argument with a man whose job places him in the line of fire and forces him to have a confrontational mind-set just to get him through his day and see him safely home.


Common sense seems to be in short supply among those who think thier rights trump everything including reality. I support our rights but I support both law enforcement and the intelligent exercise of our rights. Not the arrogant, braggart beating his chest and trying to browbeat some cop who is simply trying to do the best he can for his community.

Very, very well put...

 

[Badger]

It doesn't matter if the cop is good bad or ugly, any cop ..all has to show is that he tried to act in good faith in the performance of his duties, a very small burden..defending yourself from a physical resistance to arrest imposes a tremendous burden upon the defendant of showing first that the arrest was in fact illegal and then that there was no other means to resolve the issue such as complying and then seeking remedy after the f
act
The instance you cited about trying to get the Ocer to say he was trying to make a statement so they could charge a permit violation was obviously baiting if there are no other facts to the issue and as such was IMPROPER CONDUCT.
That is a different issue than RESISTING ARREST.



The recorder is a good idea, I have no prob. with it but what I was saying is that physically resisting arrest is an untenable position that will result in more serious charges against you the burden of proof will shift to you as you will have to justify your actions (assaulting a LEO) that's why I said 1 shot in a mil.
I believe I know my rights as good as anyone and better than most, but I'm not a fool and I will fight my battle in the proper place, a court of law, where the footing is much more level than on the roadside with actions that damage my credibility at the onset.
My roadside resistance would be calm and verbal only, i.e. Officer, I am going to be 100% compliant to your direction, however I am asking you to call your supervisor to the scene and I am putting you on notice that I believe you are making an unlawful arrest and I will pursue legal action against you and your agency.
That's the way you handle it on the road..It has nothing to do with how macho one can be, it is not a surrender of your rights nor a declination of your manhood by acting like a responsible law abiding individual.
You know what I mean, you did it the right way..you got your attorney on board and handled your situation responsibly, maturely and LEGALLY and you prevailed.
I spent more than 30 years on the job and have been recorded many, many times (audio and video)sometimes I knew it and sometimes I didn't but I never really cared and never spent any time worried about it because I knew I wasn't going to intentionally do anything wrong.
Never had a tape used against me because there wasn't anything on any of them that was detrimental.
I followed the law, dept. regs. and used good old common walking around sense and never had a problem.