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Oregon now allows you to lawfully resist arrest...

Jeff Hayes

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Bravo SVG, Sam Adams was right. There are too many that want to take the easy way.

"What's good for me might not be good for the weak-minded."

Augustus McRae
 

KBCraig

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If I've assessed this correctly, it means you'll get acquitted of "resisting arrest".

After the ass-whoopin' and trip to jail, that is.
 

Johnny Law

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This is an interesting law. I can see where they wanted to go with it, butit is a bit of a sticky wicket. Before I get accused of condoning excessive force, let me say that I do not approve of it in any way, shape, or form.

Here is where the problem lies.Each individual arestee is going to have to decide what is "excessive". If one chooses to "defend" themselves against thatPORTION of the force that they feel is excessive (as the new law states one can) The second an Officer meets resistance, they are trained to apply more force. Keep in mind that Officers are allowed to use at least one step higher force (on the force ladder or continuim)than what force is being used against them. Then if the arestee feels that they are now justified to escalate their force in answer to the Officer's increase, where does the escalation of force stop?

Every Officer is trained to NEVER lose a fight, as the consequences have sometimes proven deadly to those who have lost. One has to understand that struggling/fighting with an Officer is considered a potentially life threatening battle, as the Officer may have his gun taken and used against him. The Officer also cannot know the intentions or mindsetof the person resisting as well. If the arestee is (already)armed this will escalate it, if the Officer is aware of this.

Officers are also instructed and authorized to use deadly force if they feel that they are in jeopardy of losing the struggle/fight. My concern is that some aresteesmay feel empowered by this law, and escalate the situation the the point that deadly force is used against them. This would be tragic and unnecessary. Only time will tell where this new law will lead to.

Just my thoughts on the matter from a Police perspective. JL.
 

sudden valley gunner

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Interesting thoughts Johnny...I am not stupid I'll take my ass whipping and sue later...I don't care what the law says. Unless of course the officer is attempting to use deadly force than all bets off.

Maybe this will lead officers to be more selective and certain about who they are trying to detain.
 

3/325

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This isn't the end of the world for officers. There are already laws against excessive force and measures to counter them in the real world. This might get a perp off the hook for resisting, but he still has plenty more to worry about.

This means nothing to hardcore criminals who will violently fight police anyway. For these people, resisting is just a low-level bartering charge that usually gets dropped as part of a deal.

It's the part-time thug wannabes that will try to abuse this outright. But the people it will protect are those who find themselves in a rapidly escalating situation with some overzealous LEO. Most cops are decent professionals, but just about every department has "that guy" who lacks the self-discipline and temperament necessary for the job.
 

TechnoWeenie

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Johnny Law wrote:
This is an interesting law. I can see where they wanted to go with it, but it is a bit of a sticky wicket. Before I get accused of condoning excessive force, let me say that I do not approve of it in any way, shape, or form.

Here is where the problem lies. Each individual arestee is going to have to decide what is "excessive". If one chooses to "defend" themselves against that PORTION of the force that they feel is excessive (as the new law states one can) The second an Officer meets resistance, they are trained to apply more force. Keep in mind that Officers are allowed to use at least one step higher force (on the force ladder or continuim) than what force is being used against them. Then if the arestee feels that they are now justified to escalate their force in answer to the Officer's increase, where does the escalation of force stop?

Every Officer is trained to NEVER lose a fight, as the consequences have sometimes proven deadly to those who have lost. One has to understand that struggling/fighting with an Officer is considered a potentially life threatening battle, as the Officer may have his gun taken and used against him. The Officer also cannot know the intentions or mindset of the person resisting as well. If the arestee is (already) armed this will escalate it, if the Officer is aware of this.

Officers are also instructed and authorized to use deadly force if they feel that they are in jeopardy of losing the struggle/fight. My concern is that some arestees may feel empowered by this law, and escalate the situation the the point that deadly force is used against them. This would be tragic and unnecessary. Only time will tell where this new law will lead to.

Just my thoughts on the matter from a Police perspective.         JL.


 


The flip side to that coin, is that is shows that the officer KILLED someone, over something 'petty'...

Lets say I get pulled over for a traffic ticket, and officer wants to rough me up a bit, I fight back, he ends up shooting me....

Only shows that the officer was indeed using excessive force, as he went from 'roughing me up' to shooting me when I fought back..
 

amlevin

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Johnny Law wrote:
This is an interesting law. I can see where they wanted to go with it, butit is a bit of a sticky wicket. Before I get accused of condoning excessive force, let me say that I do not approve of it in any way, shape, or form.

Here is where the problem lies.Each individual arestee is going to have to decide what is "excessive". If one chooses to "defend" themselves against thatPORTION of the force that they feel is excessive (as the new law states one can) The second an Officer meets resistance, they are trained to apply more force. Keep in mind that Officers are allowed to use at least one step higher force (on the force ladder or continuim)than what force is being used against them. Then if the arestee feels that they are now justified to escalate their force in answer to the Officer's increase, where does the escalation of force stop?

Every Officer is trained to NEVER lose a fight, as the consequences have sometimes proven deadly to those who have lost. One has to understand that struggling/fighting with an Officer is considered a potentially life threatening battle, as the Officer may have his gun taken and used against him. The Officer also cannot know the intentions or mindsetof the person resisting as well. If the arestee is (already)armed this will escalate it, if the Officer is aware of this.

Officers are also instructed and authorized to use deadly force if they feel that they are in jeopardy of losing the struggle/fight. My concern is that some aresteesmay feel empowered by this law, and escalate the situation the the point that deadly force is used against them. This would be tragic and unnecessary. Only time will tell where this new law will lead to.

Just my thoughts on the matter from a Police perspective. JL.

This is one of those situations where one can be right but it will be "Dead Right". In order for one to use the "affirmative defense" outligned in the law they have to survive the encounter or it will merely benefit their heirs when a wrongful death lawsuit is filed.

Why not just go with the flow and claim unnecessary force afterward. This allows one to continue on their life and maybe even benefit with some damages. Sometimes it doesn't pay to be right. This law might have good intents but I don't see many good outcomes.
 

TechnoWeenie

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amlevin wrote:
Johnny Law wrote:
This is an interesting law. I can see where they wanted to go with it, but it is a bit of a sticky wicket. Before I get accused of condoning excessive force, let me say that I do not approve of it in any way, shape, or form.

Here is where the problem lies. Each individual arestee is going to have to decide what is "excessive". If one chooses to "defend" themselves against that PORTION of the force that they feel is excessive (as the new law states one can) The second an Officer meets resistance, they are trained to apply more force. Keep in mind that Officers are allowed to use at least one step higher force (on the force ladder or continuim) than what force is being used against them. Then if the arestee feels that they are now justified to escalate their force in answer to the Officer's increase, where does the escalation of force stop?

Every Officer is trained to NEVER lose a fight, as the consequences have sometimes proven deadly to those who have lost. One has to understand that struggling/fighting with an Officer is considered a potentially life threatening battle, as the Officer may have his gun taken and used against him. The Officer also cannot know the intentions or mindset of the person resisting as well. If the arestee is (already) armed this will escalate it, if the Officer is aware of this.

Officers are also instructed and authorized to use deadly force if they feel that they are in jeopardy of losing the struggle/fight. My concern is that some arestees may feel empowered by this law, and escalate the situation the the point that deadly force is used against them. This would be tragic and unnecessary. Only time will tell where this new law will lead to.

Just my thoughts on the matter from a Police perspective.         JL.


 

This is one of those situations where one can be right but it will be "Dead Right".  In order for one to use the "affirmative defense" outligned in the law they have to survive the encounter or it will merely benefit their heirs when a wrongful death lawsuit is filed.

Why not just go with the flow and claim unnecessary force afterward.  This allows one to continue on their life and maybe even benefit with some damages.  Sometimes it doesn't pay to be right.  This law might have good intents but I don't see many good outcomes.


So you don't resist, corrupt officer that just beat your ass KNOWS he has nothing on you, and arrests you for CDS paraphernalia/possession (plants weed, claims to find a bowl)... So you comply, and not only do you get an ass beating, but a felony rap on top of it.

OR, you resist, kill him (hopefully it doesn't go that far), and defend yourself in court against assault/resisting arrest... Meanwhile he's found with said bowl/narcotics on him (which he will claim came from you), but dash cam will say otherwise.
 

Johnny Law

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TechnoWeenie wrote:
So you don't resist, corrupt officer that just beat your ass KNOWS he has nothing on you, and arrests you for CDS paraphernalia/possession (plants weed, claims to find a bowl)... So you comply, and not only do you get an ass beating, but a felony rap on top of it.

OR, you resist, kill him (hopefully it doesn't go that far), and defend yourself in court against assault/resisting arrest... Meanwhile he's found with said bowl/narcotics on him (which he will claim came from you), but dash cam will say otherwise.
Corrupt Officer........planting evidence?

I think you're missing the point (and watching too much tv). It makes absolutely no difference what the original reason for the arrest was. If ANY arrest or detainment turns into a struggle or fight, the rules have now changed and the ante is upped. If the Officer feels it has now becomealife or death struggle, He may and will use deadly force JUSTIFIABLY. It makes no difference if it began as a misdemeanor or other petty crime.
 

sudden valley gunner

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Or he just watches Youtube videos of Police threatening what they are going to do?

And then included some dramatization of his own imagination. LOL.

Um yea Techno that was a :what:post.
 

TechnoWeenie

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Johnny Law wrote:
TechnoWeenie wrote:
So you don't resist, corrupt officer that just beat your ass KNOWS he has nothing on you, and arrests you for CDS paraphernalia/possession (plants weed, claims to find a bowl)... So you comply, and not only do you get an ass beating, but a felony rap on top of it.

OR, you resist, kill him (hopefully it doesn't go that far), and defend yourself in court against assault/resisting arrest... Meanwhile he's found with said bowl/narcotics on him (which he will claim came from you), but dash cam will say otherwise.
Corrupt Officer........planting evidence?

I think you're missing the point (and watching too much tv). It makes absolutely no difference what the original reason for the arrest was. If ANY arrest or detainment turns into a struggle or fight, the rules have now changed and the ante is upped. If the Officer feels it has now become a life or death struggle, He may and will use deadly force JUSTIFIABLY. It makes no difference if it began as a misdemeanor or other petty crime.

Yes, I know the likelihood of that happening is down there with getting struck by a meteorite, but it has happened.

Remember grandma who was killed because she shot at 'officers' kicking in her door, who then planted weed, coerced a CI to lie, falsified affidavits, etc etc..

I was PISSED, as they should've been sent to jail for life, instead they get a slap on the wrist, utter BS..

EVERY officer I talk to is disgusted with the situation, and wanted those guys to pay dearly, since it makes everyone distrust officers.. Yet , still.... Look what happened... nada..

I would only resist an unlawful arrest if I was 120% sure it was indeed unlawful AND I felt that my safety/wellbeing/liberty was in jeopardy. Because it would, instantly, for all intents and purposes, become an escalation to deadly force, as words would turn into a scuffle, which would turn to pepper/baton/radio (whatever was handy), which would turn to firearms...

I was 'scarred' if you will, by experiences in my youth...

Apparently,myself, a 16 y/o 6' white male wearing jeans looks like a skinny black male about 5'5 wearing all black and a hoodie :uhoh:... I had a gun pulled on me while I was riding a bike, by an officer who claimed I matched the description of a robbery suspect. (robbery happened hours ago, I heard the BOLO go out, stayed out of the area for a few hours, then resumed going down to radio shack, which, I later found out was the place that got robbed, unbeknown to me)

I had an officer threaten my life, on a traffic stop...

I had an officer threaten to arrest me when I was trying to comfort a friend because someone smashed her windows on her car.. Because I told him I was gonna call his supervisor because he refused to write a property damage report (the value was above $1,000 - the min. required for a report)

I had an officer outright lie in a police report/warrant affidavit saying I claimed I was a PAID firefighter (never was, only volunteer) which resulted in a charge that got thrown out with a stern warning from the judge to the officer about making sure that what is in his report/affidavits are accurate.

I had an officer call me 'absolutely useless' followed by 'just get out of here, you can't do anything for me' because HE wanted surveillance footage, but I witnessed the attempted theft, then starting yelling at me about how I wasn't who he wanted, and that I needed to go get so and so (who I didn't know, I just saw the attempted theft and reported it), just utterly disrespectful...

I had an officer threaten to arrest me for disorderly conduct because I took a picture of his *cough* unmarked *cough* car.. After asking me 'What the @#$%' I was doing, in a public parking lot no less... I called his bluff, he told me to put my hands behind my back, I refused, quoted the state law (NOT WA) that allowed me to resist an unlawful arrest, and he then demanded my camera, I again refused, at which point a FEMALE officer came out of the vehicle, essentially told the other officer to back off (she'd 'handle it'), and talked to me calmly and professionally.. We talked for about 30 seconds, and obliged her with my ID, acknowledging that I have no problem with cooperating, but the officer was out of line, and even though I wasn't required to ID I was doing so out of courtesy since she was polite.. She apologized for the officers reactions, handed my ID back, and wished me a good night...



And FUNNY ENOUGH, I start a company actually HELPING them by equipping their cars...

Why? You ask?

I've run into literally thousands of officers since then, without a problem, all great people....

And you know what? Do I remember the THOUSANDS of officers I've dealt with that are awesome people? Nah.. not really... The good guys tend to blend in..

But I do remember every damned bit of detail in those situations with officers that wanted to go on a power trip, threaten me, lie, etc etc...

I know that 99% of the officers out there are good people, but it's that 1% that REALLY @#$% up peoples lives, and there is almost ZERO accountability for their actions.

If I got those people on tape, you REALLY think that they'd let me walk away with evidence? Hell no. The same guy that wanted to arrest me for disorderly conduct and erase my pictures (all illegally, of course) wouldn't hesitate to make up something to arrest me and 'drop' my camera...

The GOOD cops NEVER have a problem being on tape, because they don't do anything that would put them in a bad light..

It's always the guys yelling "TURN THAT OFF NOW!" that you have to worry about, those same officers are gonna be destroying evidence, lying, etc.. So it's hard to catch them UNLESS you resist..


Edited for spelling/grammatical errors.
 

sudden valley gunner

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I agree Techno and have had many similar experiences and encounters.

I too believe majority are good but our system and the good cops remain silent or protect the actions of the not so good.

Sometimes even whole departments get a certain mentality, I noticed this more with city LEO, being that the chiefs are political appointments and not elected so therefore not as accountable to the public like Sherrifs' are.
 

sudden valley gunner

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I agree Techno and have had many similar experiences and encounters.

I too believe majority are good but our system and the good cops remain silent or protect the actions of the not so good.

Sometimes even whole departments get a certain mentality, I noticed this more with city LEO, being that the chiefs are political appointments and not elected so therefore not as accountable to the public like Sherrifs' are.
 

Capn Camo

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Hey Techno, wanna see that all go away?

TAPE RECORDER. Photo below. Believe me, it WORKS. I removed an entire corrupt Ohio Sherriffs dept from a small town wit' me li'l recorder. They had invaded to "clean the town up" of poor Hillbillies so a nearby City could take over and build Yuppie housing.

They didnt count on THIS redneck not putting up with it.

Fun to see them back WAY off. A look of shock in their eyes. They come off all cocky until the tape machine comes out, Ive seen it SO many times.

There has also been a Decision that says Black men in inner cities have reason to run from Police.

Way-da-go Oregon, I thought there was nothing but kooks there!
 

amlevin

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TechnoWeenie wrote:
So you don't resist, corrupt officer that just beat your ass KNOWS he has nothing on you, and arrests you for CDS paraphernalia/possession (plants weed, claims to find a bowl)... So you comply, and not only do you get an ass beating, but a felony rap on top of it.

I must lead a sheltered life ----or, there aren't the number of corrupt cops you would like to believe are out there. Everyone seems to have anectdotal evidence of their existence in numbers but the reality is that there are few when compared to the total of law officers out there. I've been on this planet a few years longer than most who live here and have experienced many encounters with law officers, not only in this country but many foreign ones too. Never had any "evidence" planted on me, never got an "ass-whuppin", and come to think of it, never disarmed. I guess the words my dad left me with work. "Treat people the way you want to be treated and they will do likewise". Go into an encounter with a law officer with a chip on your shoulder and things are bound to go downhill from there. What's wrong with just holding your tounge when you know things aren't right and just deal with it later in the proper forum.

Johnny Law-- You can warn people all you want but some just have to piss on the electric fence anyway:what::what:
 

killchain

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amlevin wrote:
TechnoWeenie wrote:
So you don't resist, corrupt officer that just beat your ass KNOWS he has nothing on you, and arrests you for CDS paraphernalia/possession (plants weed, claims to find a bowl)... So you comply, and not only do you get an ass beating, but a felony rap on top of it.

I must lead a sheltered life ----or, there aren't the number of corrupt cops you would like to believe are out there. Everyone seems to have anectdotal evidence of their existence in numbers but the reality is that there are few when compared to the total of law officers out there. I've been on this planet a few years longer than most who live here and have experienced many encounters with law officers, not only in this country but many foreign ones too. Never had any "evidence" planted on me, never got an "ass-whuppin", and come to think of it, never disarmed. I guess the words my dad left me with work. "Treat people the way you want to be treated and they will do likewise". Go into an encounter with a law officer with a chip on your shoulder and things are bound to go downhill from there. What's wrong with just holding your tounge when you know things aren't right and just deal with it later in the proper forum.

Johnny Law-- You can warn people all you want but some just have to piss on the electric fence anyway:what::what:
BUT BUT BUT COPS ARE PAID TO MESS WITH YOU AREN'T THEY~~~

Do you know how much paperwork a Police Officer has to do after an arrest? Traffic stop?

Half of their day is paperwork.

Who here likes paperwork?
 

TechnoWeenie

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killchain wrote:
amlevin wrote:
TechnoWeenie wrote:
So you don't resist, corrupt officer that just beat your ass KNOWS he has nothing on you, and arrests you for CDS paraphernalia/possession (plants weed, claims to find a bowl)... So you comply, and not only do you get an ass beating, but a felony rap on top of it.

I must lead a sheltered life ----or, there aren't the number of corrupt cops you would like to believe are out there.  Everyone seems to have anectdotal evidence of their existence in numbers but the reality is that there are few when compared to the total of law officers out there.  I've been on this planet a few years longer than most who live here and have experienced many encounters with law officers, not only in this country but many foreign ones too.  Never had any "evidence" planted on me, never got an "ass-whuppin", and come to think of it, never disarmed.  I guess the words my dad left me with work.  "Treat people the way you want to be treated and they will do likewise".  Go into an encounter with a law officer with a chip on your shoulder and things are bound to go downhill from there.  What's wrong with just holding your tounge when you know things aren't right and just deal with it later in the proper forum.

Johnny Law--  You can warn people all you want but some just have to piss on the electric fence anyway:what::what:
BUT BUT BUT COPS ARE PAID TO MESS WITH YOU AREN'T THEY~~~

Do you know how much paperwork a Police Officer has to do after an arrest? Traffic stop?

Half of their day is paperwork.

Who here likes paperwork?

I was a FF, I know all about paperwork....

You guys aren't comprehending my post at all.

Good cops are everywhere, and although bad cops may be few and far between, it only takes ONE to ruin your life...
 
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