can you legally strike a police officer in self defense?

Question

for example if a police officer starts hitting you with no provocationand says I'm now going to handcuff you and arrest you and you feel your life is in danger what right do you have to defend yourself? and how can you prove you weren't just "resisting arrest" if there are no wittnesses or cameras....ps this is just hypothetical it didn't really happen to me...not yet

Answer 1

Legally, a police officer can only hit you when you are either resisting arrest or when he thinks that his or someone else's safety or life is at stake. Also, if you so much touch a police officer, you will be charged with assault on peace officer (doesn't matter what state or country).

Now, when he said that he's going to arrest you, there's no judge, jury, or court in the free world that's going to believe that "your life in is in danger." The man's got a frickin' gun and extendable baton for crying out loud so if he really wanted to kill you, he'd use those and not handcuffs.

Your best bet when a cop comes up to you for ANYTHING, co-operate and they'll leave you alone.

Answer 2

Have you ever heard the term, "fighting an uphill battle?". Well, if so, allow me to rephrase it. "Dumb as a box of rocks" if you think for one minute that "self defense" is a cause of action WITHOUT A CAMERA against an officer doing his duty. Witnesses would be nice... but still you would lose.. WITHOUT A CAMERA.
You need to understand how words work in the legal world, and cops are really good at putting them together and doing what is called, "stacking charges". Unless you are strongly adept with legalese terminology, and have passed poly science, or lying 101 with A+, I strongly suggest that you do not ATTEMPT TO confront a cop should you get arrested.
Besides, he will probably mess you up pretty bad, and that is no fun...
There is something called, "escalation of force" that will GUARENTEE YOU LOSE with the argument of "self defense".
Best suggestion you will ever get on this....
follow the rules, then you won't need to worry about this.

Answer 3

Here's the deal: The above answers are kinda okay, but in reality, you shouldn't ask this question if you're almost a black belt. Any well-trained, experienced martial artist understands that they would never use their skills unless they absolutely had to. And if they did use their skills, after one or two strikes, they would break contact and immediately leave the area for safety. If you have been taught well, you wouldn't continue to pound someone after the threat of them attacking you has been removed. I call shenanigans. Either you're not really a black belt or you go to a McDojo where they hand out belts like french fries. You should understand how this self-defense thing works.

Answer 4

Actually there are times when it is legal to resist arrest. Very limited but they do exist. Some States require that the arresting officer be in uniform for example. In some states you can not be charged with resisting arrest if the initial arrest was not valid. It is hard to speak in generalities because the laws are different state to state.

I personally would just suck it up if I was being arrested. Even if you are allowed to resist you will end up in pain. They won't be gentle with you and once your in jail you might find yourself in a cell with a couple of guys who will get seconds for breakfast if you have a rough night.

Answer 5

That is a really good question. Citizens have no rights against a rogue police officer. If he decides to go off the deep end and violate the law, if you fight back then you're resisting and assaulting a police officer.

I honestly don't know what I would do in that situation. Fight or flight reflex would kick in on it's own and I guess I'd suffer the consequences. At least until my day in court!

Answer 6

Does anyone remember Rodney King?

You would have to be lucky enough to have someone nearby taping the whole thing, and that's not going to happen. Cops have a lot of freedom to make arrests and physically restrain people.

Personally, I wish cops were not necessary, but they exist because of the corruption within society. The Roman historian Tacitus said, "The more corrupt the state the more numerous the laws." Criminal behavior creates a vicious circle of legislation and enforcement that feeds on itself, creating more and more cops and laws for them to enforce. Breaking the law only adds to the chaos that makes enforcement necessary. The founding fathers of America realized that if people can't control themselves from within, then they must be controlled by an outside force. Think about that the next time you blow through a stop sign.


"Why can't we all just get along?"
-Rodney King

Answer 7

You have the right to defend yourself, especially in situations in which you fear for your life. But the law is going to assume "good behavior" for the police officer. It would be extremely difficult to prove your scenario. Your word against the police officer isn't going to do it, especially in an arrest situation. You would absolutely have to possess evidence of some sort.

Otherwise, every person arrested could just claim that they feared for their life.

Answer 8

If under the color of law, the officer was a threat to your life, when there was no communication of intent to arrest or being ordered to comply, you may invoke self defense. But, you are going to have to prove it in a court of law and convince a jury. Only under extreme circumstances should you opt for being judged by a jury of 12, rather than being carried by 6.

Answer 9

If there wasn't anyone around to help, then yes because you can't just submit to a beating just because the person beating you was an officer of the law. And when you escape go to a hospital or police station because bruises don't appear for themselves....

Answer 10

A police officer is expected to discharge his/her duties professionally and within the scope of the law. A police oficer is also expected to use the minimum amount of force necessary to control any given situation. You are expected to comply with any lawful order, and if not, accept the consequences.