Quote:
Originally Posted by Cynosure
If you resist arrest, a police officer's increase in level of force is pretty much a given. Whether you are shot with,a Taser or with a 10mm pistol, depends mostly if not entirely upon you, i.e. upon how you are resisting and with what.
|
and this would be why it pays to know the law.
If an officer approaches me and begins to ask questions about me, I simply ask 'am i being detained?'. If I am being detained, my next question is 'what is your articulate reasonable suspicion that I have, am, or am about to commit a crime?'
These are very specific words in case law and statutes that should let the officer know right away that I know the law. If the officer cannot state the articulable reasonable suspicion of a real crime, then I ask once again, 'am I being detained?'. At this point, the officer has two options....he can let me be on my way or he can say I am being detained. If he still detains me, I immediately ask for his supervisor and then I shut my mouth. Not another word.
An officer cannot just abitrarily arrest someone because they feel like it. There must be articulate reasonable suspicion that I have committed a crime, am committing a crime, or am about to commit a crime.
If DNA taking becomes law and I am arrested unlawfully and without cause, my DNA sample will have been unlawfully taken.....any bets as to whether or not they will destroy my sample or database record once i'm released? not a bet i'd place.
I will resist an unlawful arrest with any force up to and including lethal force. Then they can charge me with manslaughter.