Can You Resist an Unlawful Arrest?

Resisting an unlawful arrest may sound like a good idea but is it really something you can or should do? What are the laws and common sense that you should use when thinking this through?

CASE LAWS:
Plummer Vs. State
Bad Elk vs. US
Wilson Vs. State

You can continue to see other cases referenced from there.

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29 thoughts on “Can You Resist an Unlawful Arrest?

  1. You should just lie, and say "NO!" " it is never allowed to resist arrest"😂 You're going to bond out. You're going to have your day in court. Resisting will hurt your case. Once they say your under arrest, you are NOT going free. Why make it worse?

  2. Absolutely! The difference alot of the times is they are equipped with a baton, cuffs, pistol, and stun gun. Cops look for a fight constantly especially aggressive/physical ones. If you get pulled over for traffic violation n you r guilty or innocent that gives the officer no right to physically touch you unless you are under arrest for breaking another law besides they're ego. Cops get pissed and people can get hurt or die. The department doesn't care I promise you. Cops are funded by the tax payers yes. But owned by the government. Just as military are…America before long won't be free for long unless we all stand up to these Nazi's!! Wait another 10-20 years if that long I see it all coming. Cops and military that are supposed to protect our freedoms and rights are constantly called on we the people wether we protest, drive or walk down the street, video, shop etc… That's our right! Long as no laws are broken…we pay they're salary!!! it's getting to where you can't don't much without getting harrassed by law enforcement weather you do something illegal or you are totally innocent don't matter anymore. Sad…

  3. I’m too much of a psychopath for this shitt. This is what you have to do: verbally trigger the shit out of cops and feds. Shit on their country, family and any discrepancies you see on the officer. I do very sarcastically, and if they get physically tell em they hit like girls. Never threatened them, you will win. I usually tell em they are stuck here with me, not the other way around. 😘

  4. The 13th Amendment to the Constitution
    Makes it Unconstitutional for Someone to be held as a slave
    In other words it grants freedom to all Americans
    There are exceptions, including criminals
    That is a clause, a loophole.
    'Neither Slavery nor Involuntary Servitude
    Except as A Punishment For Crime'
    Used by Cops, courts, judges, others as A Tool
    for whatever purposes they want to use it
    Against those they take issue with as reasons may vary
    Toward race, gender, lifestyle, means, ect..

    The reason I say that cops are Corrupt and Sadistic Is because that is the kind of people who gravitate to that kind of job. Granted some may not be as corrupt and sadistic as others. However the more corrupt and sadistic one is, the more they will be accepted as a cop, the better they will progress in their profession.

  5. If I'm under arrest, I won't resist arrest. I'll comply with law enforcement and let my lawyer sort it out. If I resist arrest and it turns out it was lawful, I face a criminal charge for that, even though I was innocent of whatever I was arrested for. I also make it harder for my lawyer to get an acquittal in whatever I was arrested for, because resisting arrest looks bad. Even if the arrest was unlawful, resisting arrest could get me shot.

  6. Qualified Immunity is going to be removed . I know because I keeps tabs with a U S Senator . When it happens Americans can live FREE . Look what happened to Kelly Thomas who was beaten to death. You missing the point . It could be no charges at all.

  7. I always carry fresh donuts so when im pulled over, the cops cant say STOP RESISTING clearly its more of a Stoslkdsfjgklgoirut! seems to have worked so far lol

  8. That's a silly question. You can of course resist ANY arrest. But you'll then be charged with resisting arrest and have a bad time. This is regardless of if the arrest is legal or not. The cops don't make laws they enforce them, so arguing the point with a cop is gonna go no where. Take the argument up with a judge who does actually interpret laws and ultimately has the say on charges.

  9. if your going to Resist then prepare to get your ass kicked by the police there's more of them then you!! So exercise your right to shut the fuck up and deal with the situation in court and depending on the circumstances it could lead to civil action on your behalf which the police officer may lose his or her job and pay civil penalties as well as the city and the police department which in the end you could come out $$$$$$$ more then you was. Now if you did something to cause you to get arrested take you lumps like an adult and move on with life

  10. You have a Right to Resist an Unlawful Arrest in Georgia now. I hope the people make max use of this. Maby then the police will stop acting out and be such a bully. Now they just need to take cualified immunitiy away as well…

  11. Also the right to resist arrest is from the manga carter with cases in which lethal force was used to rescue a women from wrongful incarceration they were let go

  12. Commiting a false arrest is a federal felony with a 2 and a half million doller fine here in Canada for our security officers and in my opinion should be used on police aswell

  13. In georgia u can resit Christopher Glenn’s petition for a writ of certiorari was granted for consideration of whether the Georgia Court of Appeals erred in affirming a trial court’s order revoking Glenn’s probation based on its determination by a preponderance of the evidence that Glenn committed felony interference with government property by kicking and damaging the door of a police car when he was detained inside. Glenn claimed he damaged the door in the court of exercising his common-law right to resist an unlawful arrest and detention; this claim was rejected by both the trial and appellate courts. On appeal, the Georgia Supreme Court addressed: (1) whether a person has a common-law right to attempt to escape from the detention resulting from an unlawful arrest; and (2) if so, whether a person may damage government property in such an attempt. The Court held that the common-law right to resist an unlawful arrest includes the right to use proportionate force against government property to escape an unlawful detention following the arrest. Because the trial court found that Glenn’s arrest was unlawful but did not then consider whether the force he used in attempting to escape the ensuing unlawful detention was proportionate, the Court vacated the Court of Appeals’ decision with direction that the case be remanded to the trial court to make this "essential" determination.

  14. If I resist I'm getting beat harder, and they also have guns, training, more ammo, and the law on their side. I'll shut up and bring lawyers in later

  15. Only time I can think of if your not wearing a mask 😷 that’s not law don’t be violent just laugh and walk away if they follow go on a jog keep laughing the officer should realize how ridiculous they are being and stop. If they do not stop call your lawyer and the Sherrif.

  16. The constitution does not grant rights, it puts restrictions on government from what they can and can not do. People can do what they want as long as it doesn't infringe on the rights of another.

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