In New York, what kind of force can you use to resist an unjustified arrest by a uniformed police officer? What NY Penal Code section covers this matter?
2007-03-28 08:54:52 · 5 answers · asked by Cyre P 1 in Politics & Government ➔ Law Enforcement & Police
never resist arrest. even for what you believe as a unjustified arrest. its only going to get you hurt. contact a lawyer with the specifics of the arrest and go with his advise.
2007-03-28 09:13:45 · answer #1 · answered by vpsoomalley 2 · 0⤊ 0⤋
You can use any and all force you want, just don't expect much help from the court system at your trial for resisting arrest. You see, police can detain you or arrest you if they deem it necessary. However, resisting that arrest is a crime in itself. You may be innocent of the crime they intially arrested you for...but if you resist and are brought to trial the original charges may be dropped and then you have the resisting arrest charge that you could be found guilty of. Bottom line, do what the officers tell you, don't back talk, smart off, threaten, infact don't speak at all. Request a lawyer and SHUT YOUR MOUTH.
2007-03-28 11:05:51 · answer #2 · answered by terrorfex01 5 · 1⤊ 0⤋
NEVER resist an arrest. You are not going to win that battle. You will just rack up charges. Take the arrest and have your day in court. Police officers do not get paid to lose street fights. They carry sticks, guns and radios to call more guys with sticks and guns. Be a thinking man. If you are right, the judge will take you more seriously if you comply with the officer at the scene. It will also help your lawsuit if you plan to have one. People don't like people dumb enough to fight with police officers
2007-03-28 09:40:22 · answer #3 · answered by sarpedons 3 · 0⤊ 0⤋
Resisting arrest in itself is illegal! Even if you believe you are innocent. That is why there is a "justice system" in place. If you believe you are "innocent" you can prove your case in court and seek a monetary judgement if you are found innocent. But you would have to prove that the officer's actions were unjustified and excessive. To me it sounds like your looking for an excuse to fight a police officer.
2007-03-28 10:06:47 · answer #4 · answered by william74044 3 · 0⤊ 0⤋
you can not in any way resist an arrest, if you feel it was unjustified your recourse would be to sue for a false arrest after the fact
2007-03-28 09:37:16 · answer #5 · answered by goz1111 7 · 0⤊ 0⤋