Could I resist a police officer arresting me without any cause ?

Question

Could I hit him back properly, throw him onto ground and add few good blows by feet ? To throw away his cap and truncheon into nearest bush in order he never find them again ? Could I do all this if he and his fellows beated me before ?

Answer 1

No. Then you would have a reason to get arrested.

Answer 2

'conrange' was right. This is the military section. There is also no such word as "...beated..."; but there is a solution
to your problems.

Go to the nearest public library reference desk and ask the clerk for copy of the Embassy Address Listing in the National Capital. Using scratch paper and pencil write the mail address for French Embassy. Write the Embassy that you'd like to join the French Foreign Legion.

Why? There are several good reasons. You'll earn French Citizenship in addition to that of your present place of birth.
Recruits travel to France at Legion expense. You'll learn to speak and write French language before leaving France.
The next training location is in South America. You can join using any name or let the French invent one. You can leave your criminal record behind and start over. You'll earn the pay of a soldier and learn to be one of the most dangerous men on the planet.

Men who grow too old in the Legion can retire and live at a French castle; they make their own wine. Men who serve one term of enlistment can live anywhere on the planet where the flag of France is. Or, you can go home and hit policemen properly.
The Legion accepts recruits from all Nations. Why not you?

Answer 3

Never resist an arrest, never hit a Police Officer particularly when he is on duty. If you do it, it will give them a solid ground to arrest you and get a warrent issued against you.

Police can't arrest you without any arrest warrent issued by a court of law. The warrent can be bailable or non-bailable depending on the severity of crime and you previous track record. If any Police Officer arrests you without warrent or beat you up, you can do some very simple things:

1. Walk into the office any organization which deal with human-right abuse cases, and report the matter. If you are a woman or child, you can easily rope in such organizations which deal with women's and children's right.

2. If possible, rope in the media.

3. If you can spend little bit of extra money and energy, you can consult a lawyer and file a lawsuit against the Police Department. But remember, the responsibility of proving the torture will be solely on you.

Dealing these matters single-handedly may be quite difficult as the cops are also very good in twisting the law. So taking the assistance of human-right organizations and media would be much better option.

Answer 4

No! because that u could be charged with resisting,let him/her do his job n when u know u have not done anything wrong for that to be done to u for no just cause n they way u describe this u have a history with this officer I'd get a lawyer and sue them the police department n the city.
Use ur head hitting a police officer will get u-assault charge I mean if u want justice do it the right way if u have bruises take pictures if u have witnesses to these beat downs u claim bring them in to defend u that is how u do it the right way not the wrong way.

Answer 5

Get a life, first this is the MILITARY section.

No! what you suggest is committing an assault on a member of the Police in revenge for an alleged attack.
Kicking anybody when they are down is the trade mark of a yob!!

And throwing things a few feet into the bushes so they are never found (if humanly possible) would achieve nothing except having a further charge of police equipment added to your assault charge.

By the way you phrase your rant I an not entirely sure if you are native to the United Kingdom, using a word like "Fellows", you do not give blows with the feet that is called kicking, blows are delivered by the hands.
and there is no such word as "beated".

Answer 6

Yes you can legally resist an unlawful arrest up to and including killing the peace officer. This is a supreme court ruling states - “An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.

You would have to prove that the officer had no grounds to arrest you at all, this is very difficult to prove in court. If you end up fighting him, they will find a charge to come up with. All they have to do is say that you committed a misdemeanor in there presence, or they believe you have committed a felony. The key word is believe, they can say that you looked like a person wanted for an arrest. Or they can say that they were detaining you temporarily, and not arresting you.

Contrary to what somebody said earlier, you do not have to be read your miranda rights when being arrested. You only have to be read your rights when you are being questioned involving the crime. If you start running your mouth in front of the officer about the crime or what you did, they can use that against you. If they start ASKING you questions about the crime, then they must read you your miranda warning first.

We spent over a day looking over these topics in my peace officer academy when we covered legal issues.

Look at my source, there are numerous court decisions on there that support my answer.

Answer 7

Police officers are citizens, and have specific procedures they are supposed to follow in order to be in compliance with the law.

If a police officer assaults you, you are technically within your legal right to defend yourself. However, it's your word against his, and juries tend to side with the police. Just make sure you get the assault on videotape. Even then, the best case scenario is that the charges will be dropped against you and they will get a suspension.

If you are being placed under arrest, ie they have read the Miranda and stated that you are under arrest, you do not have the legal right to fight back, even if they are using excessive force. If you can prove they are using excessive force, you can charge them with that later.

However, most people, even police officers, don't understand the laws that police officers are under, and some police officers routinely break the law without being aware of it.

For instance, some police officers will arrest people for not identifying themselves under the charge of obstructing justice or interfering with an investigation, even though every US citizen has the 4th amendment right to decide against presenting any papers, including identification, to any government representative, include police officers.

Some states actually have (unconstitutional) laws on the books that make it illegal not to identify yourself. Don't live in one of them.

Answer 8

Better not. You'll be charged with resisting arrest and assault on a peace officer. If you injure the officer significantly, the charge can be jumped up to something worse, even attempted murder of a peace officer. Make sure that you can do all that you mention before you try it, as you may be the one that gets the crap beaten out of him.

Answer 9

Meet your new friend 'Bubba'. Bubba is lonely in this tiny prison cell.

If you resist, the officer then has cause to arrest you. If you try to fight, the officer then has cause to arrest you. So after he, and his friends subdue you, you will be taken to the emergency room while being in custody. Upon release from the ER, you will be transported to the local jail. Bubbas other friends will be waiting for you.

Your friends at home might think you are "cool", but Bubba might think you are pretty!

Answer 10

Never resist arrest. Never strike a police officer. To do either or both of these will land you in jail. Resisting arrest and assaulting a police officer are serious matters.

Answer 11

No I don't you can, unless you can get away with it. The police called it resisting arrest which you can be charged of and be given more time in jail or higher price bail. Wouldn't recommended doing it.