What authoirty do the police actually have that normal people don't. I mean a citizen can place someone under citizens arrest can't they. Is it a criminal offence to resist a citizens arrest from a citizen?
And if a police officer asks you to do something or trys to do something that he doesn't have the authority to do (for example move you away from an area when you have a legal right to be there and are doing nothing wrong or if he asked you to pull your pants down for no reason), or tries to arrest you because he thinks you've broken the law, but you haven't and he just doesn't understand the law properly, then are you technically within your legal rights to resist arrest or to ignore the order?
Can a citizen technically place a police officer under citizens arrest if the citizen believes the officer has broken the law?
p.s i'm referring to UK law here, but it would be interesting to know what the law would be in these matters in other countries aswell, thanks.
2007-01-11
02:13:27
·
8 answers
·
asked by
Alex
2
in
Politics & Government
➔ Law Enforcement & Police
I take it you mean in the US? But surely a citizen can use deadly force aswell if they think they're life or someone else's life is in danger? If i mad man was coming towards a citizen with a gun pointing a them, then that citizen would have a legal defense for shooting them dead if they believed their life was in danger woudn't they? How is that any different from the legal right a officer has to use deadly force?
2007-01-11
02:26:26 ·
update #1
A Police Officer is an agent of a person in authority. One of his duties is to enforce the law of the land or state. Also he protect the right of every citizen. If a police officer will abuse his authority over a citizen, he can be brought to the court to be sued. If you resist the supposed arrest, you can be sued for resisting arrest and disobedience to a police officer. In the process of investigation on the crime scene, the police have the right to move you away from the crime scene for the preservation of evidences that can be gathered.But he has no right to let you pull down your pants. Policemen have are educated persons who knows the law of the land, well trained on police duties, have attended seminars about his works and so forth and so on.
2007-01-11 02:46:35
·
answer #1
·
answered by Jesus M 7
·
1⤊
1⤋
1
2016-06-03 20:58:06
·
answer #2
·
answered by ? 3
·
0⤊
0⤋
As you have asked several questions, as a former law enforcement officer, I shall try to answer. First even if you know or feel that the officer is wrong, or making an illegal arrest, never resist. It only gives the officer an excuse to use, what is deemed "reasonable force" against you. In America, an Officer has the right to search someone that he suspects of a crime ( a Terry stop). This is a "pat down" for weapons. As to your right to use a weapon in defense of yourself or another, the officer is held to a higher standard. He must justify his use of a weapon to an internal review board, as well as to a court. As to the idea of a citizen's arrest of a police officer, you could, but you had best be very sure of your facts, and the law. You could be sued, by the officer, and you have no one to indemnify you. Therefore you are placing yourself at great risk, financially, and if the officer was performing his duty, and not in violation of any law, then you could be arrested and charged with Obstruction of Justice. This is a rather long answer, but you did ask several questions, which I've tried to cover.
2007-01-11 02:45:11
·
answer #3
·
answered by Beau R 7
·
0⤊
0⤋
Resisting arrest or ignoring an order probably isn't smart. When the police do something illegal "under color of law" your best defense is knowledge and compliance. Then the court will throw it out and you will have a victory without being beaten up (or shot) in the process. Technically a citizen can place a police office under arrest. Practically, no. A friend of mine was pulled over for speeding. The "cop" was out of tickets, and said, "follow me to the police station" Dave did. When they got to the station, the cop said "what took you so long" Dave said "I slowed down going through the school zone" The cop said "oops" Dave said "if you are giving me a ticket, give yourself one too" He did, but Dave said he lost count of how many miles cops followed him for the next few years, but it was many. His name was on a "watch list". It is totally illegal, and harassment, but they are wearing the guns. (In Ohio it is just as illegal for a patrol car to break a law as any other car unless they have BOTH LIGHTS AND SIREN ON---but don't try to hold them accountable unless you already have your ticket to leave the country.)
2007-01-11 02:29:55
·
answer #4
·
answered by hasse_john 7
·
0⤊
1⤋
Here in the USA if you try any of that then you will be target practice for the cops.
And yes it is legal to place a cop under citizens arrest but you will be signing your own death warrent.
You see the police here think that there are two kinds of people,,, Cops and perps.
And seeing as how it is the cops that look after what cops do there is no way out.
2007-01-11 02:19:47
·
answer #5
·
answered by Anonymous
·
0⤊
1⤋
This is a great question but it has a touch of idealism behind it.
I know from personal experience that if you are mistreated then you have a HUGE uphill battle to prove it. Your best bet is at all times to stay reasonable and calm. Then when you talk to your lawyer maybe you would have some recourse. Unless you have witnesses, its going to be pretty hard to prove your case.
If you feel the cop doesn't know what's truly legal, its not the cop you have that conversation with its the court, the judge.
Resisting arrest will never end in your favor 100%, that's a huge misstep.
I don't know about citizen's arrest but I know you can request their badge and either county/city id and manager name and report them to their manager.
that's my 2 cents......
2007-01-11 02:28:03
·
answer #6
·
answered by espsmommy 2
·
0⤊
1⤋
technically, im sure you can do all you said, but if tried to arrest a police officer here in america, he would probably either laugh or shoot you. cops in america are way too high strung.
2007-01-11 02:22:12
·
answer #7
·
answered by mr e 4
·
0⤊
1⤋
Deadly force outside their own home is the difference between the cops and regular civilians
2007-01-11 02:17:40
·
answer #8
·
answered by Anonymous
·
1⤊
1⤋