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Let me first say I have the utmost respect for the law and law enforcement....but I was just wondering, if your friends getting arrested and you feel the cop is being brutal or excessive, is it wrong to join in and try and stop the cop??? I know that legally its wrong, but don't you have a moral obligation to assist your buddy, if you feel he is in harms way???

I know situations like this are few and far between

2007-09-16 14:31:00 · 31 answers · asked by Clarence 2 in Politics & Government Law Enforcement & Police

31 answers

You would end up being arrested for interfering, or obstruction, and possibly end up in the hospital.

2007-09-16 14:34:49 · answer #1 · answered by CGIV76 7 · 3 2

Often in situations we have to employ arrest control techniques that to the untrained eye may well look "brutal".

The problem is that will be a jury will have to decide whether you are qualified to determine if your friend was in "harms way" or the arresting officers were being "brutal". The DA will put on expert after expert who will show the officers acted in a legal manner.

If your friend has not resisted, there will be no reason for the arresting officer to employ force. "Resisting" is an open term that can emcompass many actions that a regular citizen might class as small or trival. To a police officer, we consider them a threat and have the legal power to end them using appropriate force.

That said, I realize that there may be some examples of true excessive force during arrests. In those cases I'd advise you to record the encounter if possible and if not make a written report to the PD. PD's realize the liabilty of bad cops and do want to get rid of them-regardless of what some cop haters say. You getting involved in a violent encounter will not help your friend, and possibly end up justifying (in a court's eyes) the actions of the officers.

Also be aware that excessive force arrests are few and far between. I have been involved in literally thousands of arrests, of which I believe three involved excessive force. One occured when I was new on the street and to my shame I did not report it, the other two, I reported (as did other officers), with the at fault officers being disciplined. In all three of these situations the arrestee attempted to resist first. I would imagine that folks who watched many of my other arrests might think they were "brutal", when in fact they were fully legal, using approved officer safety and arrest control techniques.

Finally you may want to research the laws and penalties which would apply should you jump in. Its real easy to get carried away during a free-for-all, and the human body is fragile. Charges like interference, disobeying etc aren't going to change your life, however assault on a police officer can easily become a felony if a cop is even slightly injured..

Either way, if you can accept the consquences of your actions (even the unintended ones), this is only a decision you can make.

2007-09-16 15:44:40 · answer #2 · answered by lpdhcdh 6 · 1 1

If this is a hypothetical, there seems to be a lot missing from the scenario.

Usually, from my experience, when this happens it is because
a) both friends were drinking and one was getting arrested
b) the friend not being arrested has had enough to drink that everything he sees if blown way out of proportion
c) the friend does not see or feel the force his arrested buddy is using to thwart the Police
d) this usually happens with the younger people who have a misplaced feeling of loyalty but still too much under the influence to control it.
e) it is the girlfriend who wanted her boyfriend arrested and now changes her mind.

It can be very dangerous since the Police already know they are having a problem and then someone else jumps into the dog pile. With emotions running high, I have seen nightsticks end up a block away from a brawl and seen "friends" let their arrested friends out of the squad car as fast as the Police are locking them in there.

Try a real rumble sometime and try to use a radio, cuffs, spray and hang onto your gun and stick all at the same time you are wrestling with someone.

2007-09-17 08:47:15 · answer #3 · answered by Ret. Sgt. 7 · 1 0

Well, if he did something illegal and is being fairly arrested, no you shouldn't step in if they are a little rough. If what the police are doing is illegal as far as assault and battery or abuse, then I don't know....I would verbally object and tell them they are being abusive, while standing back still, and if possible call the police station while it is going on....... but most times it is important to let them do their job, ESPECIALLY if the friend is resisting arrest or otherwise giving the police a hard time. I know sometimes police DO get out of hand and behave badly. If I ever thought a friend was in danger of being hurt by one, I'm not sure what I would do. If the friend is hurt, there will be visible evidence and you will be a witness and hopefully that would be enough to take action. I just know that odds are pretty slim that will ever happen if you keep your nose clean and hang out with people who do the same.

2007-09-16 14:43:24 · answer #4 · answered by Brenda T 5 · 2 0

It's called Obstructive Governmental Administration (at least in NY State). You do have a right to make a complaint to Internal Affairs and/or their Superior Officers. If you interfere you will also be arrested. Take pictures with your cellphone or whatever. Step back and get out of the way.

2007-09-17 08:17:34 · answer #5 · answered by Tom M 3 · 1 0

No, defense of others is an affirmative defense, though the burden of proof is on you in court. Best have a video, or audio (or at the very least a lot of witnesses who are willing to back you up), of the event, otherwise it will be difficult to convince a jury. It seems people are brainwashed into believing the cops over civilians even though there is no rational reason to do so.

2007-09-16 14:45:43 · answer #6 · answered by Monk 4 · 1 1

particular you have been splendid to have her arrested. countless human beings chortle on the seen women human beings being the aggressor in family members violence, yet I even have sister who has for years been bodily violent along with her companion (she is 5"3, he's 6"2). He might have killed her, however the main he ever did replaced into slap her back (opened hand) a pair of times after she had attacked him. He has called the law enforcement officers and every time, they choose to arrest him even nonetheless my sister admits she struck him first. interior the Tiger Woods incident, I have little question that the spouse flipped out and bashed out the abode windows of his vehicle and he replaced into attempting to get faraway from her (no longer asserting she did no longer have a reason to be annoyed, yet it quite is yet another tale). This is going on extra beneficial than human beings understand. And for all you idiots calling this guy a whimp, if he had clocked her back, his butt might have been interior the slammer and he might have a family members violence charge on his record and probable a restraining order. you probably did the splendid element.

2016-10-09 07:52:39 · answer #7 · answered by pharris 4 · 0 0

you already said that you know it's legally wrong, which is correct. and you're asking if it's morally wrong, well of course that depends on what kind of person is in this situation and that person's morals. If my friend was being arrested, no, I would not be stupid enough to "join in". I would take pictures/recordings of the incident and file a report against the cops.

2007-09-16 14:32:58 · answer #8 · answered by Me 6 · 0 2

If you want to get shot, try. First 99.9% of the police I know are just trying to help you. They will get you help with a flat tire, emergency help by the side of the road, even get you a room in a motel in an emergency at their department's, city, or personal expense. They mostly write for deaf people. And if your not clearly stinking drunk like some deaf I know have been, your not going to jail. They will just get you, a way home. The average American policeman at any level and in any department is one of the most decent people you can ever meet! But if you fight, especially with a weapon they have the right to defend themselves!

2007-09-16 14:46:26 · answer #9 · answered by Anonymous · 3 1

Best thing to do is let it go at the time. There is no use in fighting with corrupt law enforcement officials, let it go and fight it afterwards with paperwork and phone calls. Most cops are not this way, but they do exist, if you do nothing about it, it will happen to someone else.

2007-09-16 14:36:26 · answer #10 · answered by Anonymous · 0 1

Police Officers have a job to do and they will do as they feel necessary according to the laws they are charged with to protect and uphold. Don't intervene or they will do their job on you. Intervene and you will be confronted. Don't be in the wrong place at the wrong time. You can be polite and ask questions concerning such a situation, but don't intervene.

2007-09-16 14:46:19 · answer #11 · answered by RT 6 · 1 1

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