Iowa Code 804.12

Hello all!!

I started a thread in the general discussions section about lawful resistance. Iowa Code 804.12 states that a citizen cannot resist arrest even if they know the arrest is unlawful.

I have been in contact with Jared Klein with an amended version of the law, which would look something like this:

A person is not authorized to use force to resist an arrest,
either of the person's self, or another which the person knows is
being made either by a peace officer or by a private person summoned
and directed by a peace officer to make the arrest,UNLESSthe
person believes that the arrest is unlawful or the arrest is in fact
unlawful.

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As you can see, one word changes most of the meaning of the law, and still keeps unlawful resistance under wraps.

If you would like to see this law changed, please contact Jared Klein using the above hyperlink and let him know how you feel about it. Or, contact your local legislator and let them know as well.

Changing that one word might effectively do away with the law. Anyone might be able to claim that the arrest is unlawful and have it stick. If we get enough charges of unlawful arrest tossed out because the suspect believes the arrest to be unlawful, the law could become more trouble than it's worth for the state to prosecute. It's not that I have a problem with that, I have a suspicion that many charges of resisting arrest are bogus to begin with, it's just an observation.

This change in the law is very much needed. We cannot allow an officer to execute an unlawful arrest but still be able to prosecute a citizen for resisting said unlawful arrest. This law, as it stands now, allows for the police to abuse their power of arrest to intimidate and punish people that might somehow figuratively rub an officer the wrong way.

IA_farmboy said:

This change in the law is very much needed. We cannot allow an officer to execute an unlawful arrest but still be able to prosecute a citizen for resisting said unlawful arrest. This law, as it stands now, allows for the police to abuse their power of arrest to intimidate and punish people that might somehow figuratively rub an officer the wrong way.

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As is the reason for the request for an amendment.

The law itself just doesnt make sense. If he doesnt have the right to arrest, therefore not a legal arrest, how can one resist arrest? LOL I find it hilarious. I have seen numerous stories of people simply questioning authority to detain, then resist detainment, and get charged with resisting arrest, when they are not being arrested.