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Old 08-31-2008, 12:37 PM   #1 (permalink)
Willravel
... a sort of licensed troubleshooter.
 
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Defense against overzealous cops?

Filtherton and Jorg both mentioned in the McCain VP thread the bad behavior by police at each of the national conventions. The discussion brought me back to MacArthur Park last May.

For those who don't know, every May there are national protests that revolve around immigration reform and things connected to that issue. Last year (May 2007), the protest organizers had city permission and the protest itself was very peaceful and a lot of fun. There were performances, floats and displays, Mexican and American flags, chanting, signs; the works. The media was taking part passively, interviewing people here and there. There were police around, but mostly they were just keeping an eye on things, to make sure there weren't any trouble-makers (and there weren't).

In the late afternoon, a lot more police showed up. They were in riot gear. My suspicion was that their official job was to clear the park because the protest was going to wind down soon, but I could be wrong. There was also a rumor that it was because the protest was blocking the street. Anyway, they moved on the park, giving the order to disperse. Everyone started moving out, and then they started advancing more aggressively. One fired a non-lethal projectile, and then others started to open fire and engage protesters who weren't lucky enough to get out of their way. Naturally, everyone freaked out and there was a massive retreat away from the police. Some that stayed to try and protest the police's actions were beaten with batons, butts of guns, and even fists.

This was, in all truth, one of those instances where the police acted rashly and without cause. While I respect the police for bravely dedicating themselves to "serve and protect", I've also seen what can happen when they use their authority irresponsibly. Many people were injured in the attack, but had no recourse on the spot to even defend themselves, which finally brings me to my point:

I believe that if you're attacked by a police officer, you do not have a legal right to defend yourself. I know all the rules about being pulled over by a cop or having a cop show up at my door, but I don't think there are a set of "well it's my right to..." if you're physically attacked. While the cop or cops may get in trouble later, during the physical attack I don't believe that you have a legal method of defense other than to flee. If you strike back in any way, you're guilty of a crime and the police officer may not be reprimanded because you were guilty of attacking him.

Am I wrong about this? If I'm right, does this seem fair?
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