swatspyder
Regular Member
imported post
This makes things very interesting in the State of Oregon.
The Multnomah County Sheriff's Office (Portland Metro) recently sent out a memo regarding a resisting case (State v. Oliphant) and the affect on Oregon law enforcement. In essence the ruling says:
"An arrestee may defend himself against a police officer's use or imminent use of force if the arrestee believes, as much as a reasonable person in his position would believe, that the officer's use or imminent use of force exceeds the force reasonably necessary to make the arrest.
Oregon effectively is now the only state that gives a suspect charged with Resisting Arrest (ORS 162.315) an affirmative defense that they were defending themselves against what they reasonably believed was an actual or imminent unlawful use of force by a Police Officer. Accompanying charges including Assault on a Public Safety Officer will likely be dismissed if the argument stands."
It is sometimes fun to be a cop in Oregon.or the 9th Circuit for that matter. The full case can be viewed at the below link:
http://www.publications.ojd.state.or.us/S056404.htm
This makes things very interesting in the State of Oregon.
The Multnomah County Sheriff's Office (Portland Metro) recently sent out a memo regarding a resisting case (State v. Oliphant) and the affect on Oregon law enforcement. In essence the ruling says:
"An arrestee may defend himself against a police officer's use or imminent use of force if the arrestee believes, as much as a reasonable person in his position would believe, that the officer's use or imminent use of force exceeds the force reasonably necessary to make the arrest.
Oregon effectively is now the only state that gives a suspect charged with Resisting Arrest (ORS 162.315) an affirmative defense that they were defending themselves against what they reasonably believed was an actual or imminent unlawful use of force by a Police Officer. Accompanying charges including Assault on a Public Safety Officer will likely be dismissed if the argument stands."
It is sometimes fun to be a cop in Oregon.or the 9th Circuit for that matter. The full case can be viewed at the below link:
http://www.publications.ojd.state.or.us/S056404.htm