DrTodd
Michigan Moderator
imported post
Citizen wrote:
My bad (In my defense, I wrote this on my BB so can't really "cut and paste"... I should have just waited until I got home)
Citizen wrote:
DrTodd wrote:Cites please.Michigander wrote:
DrTodd wrote:I would actually tend to disagree with that for one very important reason. The SCOTUS has upheld the right to resist an unlawful arrest if you know the police are intentionally arresting you or someone else illegally.There is NO REQUIREMENT that the police articulate their reasonable suspicion to you. .
While I think we can all agree that we should never resist unlawful arrest unless our lives are in serious danger, I think it makes it pretty clear. The difference between unlawful arrest and lawful arrest is having a warrant or RAS/PC or not. For anyone who knows these things and who believes themselves to be innocent, the only way to know if an arrest is legal or not is for the officer(s) to explain.
It seems to me that if a cop doesn't want to be killed legally according to the nations highest court, he or she should use common sense and understand the fact that reasons behind an arrest or temporary detention need to be explained.
An arrest is different than a "Terry Stop". For an arrest a leo
needs probable cause; for a Terry Stop a leo needs RAS. These are
two different actions. I would be VERY sure I know the difference
before I have any dealings with a leo.
My bad (In my defense, I wrote this on my BB so can't really "cut and paste"... I should have just waited until I got home)