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Huge case decision regarding stops --- IMO it is ...

OC for ME

OC for ME

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Cops will always err on the side of letting a judge, or prosecutor, sorting it out. All a cop needs to "articulate" is "well, I thought this or that..."

"Oh, OK, well, you were wrong, so let the citizen go and we'll take are chances in a civil action, a judge will sort it out for us."
 
sudden valley gunner

sudden valley gunner

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Of course they will and they will continue to. Yet their faulty logic that they are not doing anything wrong or illegal or unconstitutional because its up to a judge is shown to be false by this ruling.

It also strengthens the case against them when a civilian who resists an unlawful arrest is arrested or charged anyway.

It also shows those who say we don't have the right to resist unlawful arrests/detainment to be out right wrong.
 
Primus

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You guys are kidding right?

No s*** the arrest or stop has to be legit in order for the charge if resisting said arrest is legit.....

Pretty sure dudes on this forum have won lawsuits (rightfully so) for bogus stops.

If you resist at the time you will be subdued.. But if charged it will be tossed if if the stop was bogus.... Wow.... Big news here...

Its how it SHOULD be and is...

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Maverick9

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Primus said:
You guys are kidding right?

No s*** the arrest or stop has to be legit in order for the charge if resisting said arrest is legit.....

Pretty sure dudes on this forum have won lawsuits (rightfully so) for bogus stops.

If you resist at the time you will be subdued.. But if charged it will be tossed if if the stop was bogus.... Wow.... Big news here...

Its how it SHOULD be and is...

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Click to expand...

First, I can't parse the second sentence.

Second, you might be delusional. You can resist in Indiana (or soon will be able to). They added that for a reason. You're suggesting a 'stop 'em all, arrest what you can, let God sort it out' mentality. How do you 'resist' a stop for a taillight out when you can't get out of the car to check? You can't. It's carte blanche for a stop 'em all plan.

So, since all bogus charges are tossed, it's all ok in Cop Town (a mythical place where Sly Stallone lives).

Why waste the court's time making bogus charges? Hmm.

There's a pretty small number of dudes (given the population of the US). Amazing how enough of them have had bogus charges AND won lawsuits in the small subgroup of OC-ers and firearm fans who use a computer that you have a feel for it being a fair assumption. In fact, people who know the law and know how to behave are the last thing many (not all) cops want.

I do find you a fair and reasonable poster, but I'd have thought cuff 'em and stuff 'em and let a judge sort it out was a bad way to go. It engenders less respect for people whom we should really have the highest respect, like Military Vets.
 
Primus

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Maverick9 said:
First, I can't parse the second sentence.

Second, you might be delusional. You can resist in Indiana (or soon will be able to). They added that for a reason. You're suggesting a 'stop 'em all, arrest what you can, let God sort it out' mentality. How do you 'resist' a stop for a taillight out when you can't get out of the car to check? You can't. It's carte blanche for a stop 'em all plan.

So, since all bogus charges are tossed, it's all ok in Cop Town (a mythical place where Sly Stallone lives).

Why waste the court's time making bogus charges? Hmm.

There's a pretty small number of dudes (given the population of the US). Amazing how enough of them have had bogus charges AND won lawsuits in the small subgroup of OC-ers and firearm fans who use a computer that you have a feel for it being a fair assumption. In fact, people who know the law and know how to behave are the last thing many (not all) cops want.

I do find you a fair and reasonable poster, but I'd have thought cuff 'em and stuff 'em and let a judge sort it out was a bad way to go. It engenders less respect for people whom we should really have the highest respect, like Military Vets.
Click to expand...

Let me clarify... Cuff them and stuff them is BAD way to go.

My point is/was that the charges already get dropped if the stop was bad (as they should) so what does this gain?

Let me put it this way, because im not from IN so I'm probably completely jacked up, before this law.... If someone was arrested for something completely bogus, bad stop, bad arrest , but they get charged with "resisting" and it goes to court..... They find the stop was bad the arrest was bad.... They drop all charges based on stop being bad... They would've kept the resisting charge?

Cop sees guy walking down street. Grabs guy. Makes up bogus charge. Guy gets mad and resists. Cop tacks on resisting. Guy goes to court says never did it. Judge says "ay d bag cop you violated his rights not guilty" . The resisting would get tossed too..... No?

See my confusion yet? Is there case law for IN that shows a guy being unlawfully stopped, charges dropped, but yet still convicted of resisting?

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Primus

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sudden valley gunner said:
Is someone still trying to deny we have the right to resist?
Click to expand...

Is someone toting a case from evil statist judges in black robes? Thought it didn't matter what they said? Though they just simply side with corruption and stealing power and the sky is falling and run for the hills and destroying liberties.....

Read what was posted and still haven't seen where it says you have the right to resist. It just says the charges will be dropped if the original stop was bogus.... Which is how its SUPPOSED TO BE. I asked and am waiting for someone to clarify and explain if somehow before this ruling. Guys were being convicted of ONLY resisting arrest.

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OC for ME

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The cop will not be held to account, other than via a civil action (cop not held to account) for the unlawful acts. Essentially, a citizen does all of those things and various criminal charges would be applied to the citizen and rightfully so. Cop's get a pass, every time. Criminal charges are never filed for those criminal acts.
 
OC for ME

OC for ME

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OC for ME said:
The cop will not be held to account, other than via a civil action (cop not held to account) for the unlawful acts. Essentially, a citizen does all of those things and various criminal charges would be applied to the citizen and rightfully so. Cop's get a pass, every time. Criminal charges are never filed for those criminal acts.
Click to expand...
False imprisonment. 565.130.
1. A person commits the crime of false imprisonment if he knowingly restrains another unlawfully and without consent so as to interfere substantially with his liberty.
2. False imprisonment is a class A misdemeanor...

Assault in the third degree. 565.070.
1. A person commits the crime of assault in the third degree if:
(1) The person attempts to cause or recklessly causes physical injury to another person; or
(3) The person purposely places another person in apprehension of immediate physical injury; or
(5) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative; or
3. ...is guilty of a class C misdemeanor.
 
sudden valley gunner

sudden valley gunner

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Primus said:
Is someone toting a case from evil statist judges in black robes? Thought it didn't matter what they said? Though they just simply side with corruption and stealing power and the sky is falling and run for the hills and destroying liberties.....

Read what was posted and still haven't seen where it says you have the right to resist. It just says the charges will be dropped if the original stop was bogus.... Which is how its SUPPOSED TO BE. I asked and am waiting for someone to clarify and explain if somehow before this ruling. Guys were being convicted of ONLY resisting arrest.

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Click to expand...


LOL....the right to resist was there long before, these specific statist in black robes made their opinion.



No it isn't supposed to be we have to redress the action in court for the charges to be dropped apparently you didn't read the decision.
 
M

mustangkiller

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Here in TX, the law specifically states that resisting even an unlawful arrest is still a crime....so very sad.
 
Freedom1Man

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Primus said:
You guys are kidding right?

No s*** the arrest or stop has to be legit in order for the charge if resisting said arrest is legit.....

SNIP
Click to expand...

I've been charged with obstruction of an officer when I was stopped for simply OC while walking.

They wanted to know who I was and I basically told them it was none of their business.

I was cuffed, search, put into the police car, my stuff was taken from me.

No charges at the time of the stop, but after realizing it was a bad stop the persecutor decided to charge me months later.
 
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