imported post
CrimDoc wrote:
My understanding has always been that you are justified in resisting a truly ILLEGAL arrest. However, you CAN NOT resist an arrest that's made based on probable cause, even if you are factually innocent.
So if a LEO decides to arrest you just because he doesn't like your face, and s(he) has no probable cause to believe you've committed an arrestable offense, you'd be justified in using the minimal amount of force necessary to resist the illegal arrest.
If the LEO has received a report that "a big white guy with a beard just robbed the bank", and s(he) decides to arrest you because you fit the description, you CAN NOT resist even if you aren't the big white bearded guy who committed the offense. If you do, you could be charged with (and convicted of) resisting arrest even if you are never charged with robbing the bank (or any other offense).
In practice, this means you're going to be on VERY shaky ground resisting. The cop is always going to claim that s(he) had probable cause to arrest you. Unless you're 100% certain that you can prove otherwise, it's much smarter / safer to comply, then have your lawyer argue the point in court, than to argue / fight the LEO on the street.
Moreover, if you resist and the situation escalates (which it probably will if you're both armed and determined ) one of two things is likely to happen:
1) The cop will shoot you (in which case, being "right" will be cold comfort).
2) You will end up shooting the cop (in which case, you're gambling on being able to convince the court that the arrest was completely illegal (i.e. in bad faith, with no probable cause) ... if you lose this gamble you'll end up in prison for the rest of your life, with no chance of parole. Not a chance I'd want to take).
3.) Or, you will be yelling don't tazzzzzeeee bro and turn the situation in to something like this:
http://www.youtube.com/watch?v=6bVa6jn4rpE
Smart thing to do is to shut the hell up do not resist. If you are right it will pan out in court. Resisting is also a crime which is not easy to get dismissed and you're escalating a most likely dropped charge to a felony. The smart thing to do is what I said above.
750.479 --Penalty
324.1608 Obstructing, resisting, or opposing officers as misdemeanor; penalty.
Sec. 1608.
A person who knowingly or willfully obstructs, resists, or opposes the department, an officer appointed by the department, or any other peace officer in the performance of the duties and execution of the powers prescribed in this part or in any statute or law, in making an arrest or search as provided in this part, or in serving or attempting to serve or execute any process or warrant issued by lawful authority, or who obstructs, resists, opposes, assaults, beats, or wounds the department, any officer appointed by the department, or any other peace officer while the department or officer is lawfully making an arrest or search, lawfully serving or attempting to serve or execute any such process or warrant, or lawfully executing or attempting to execute or lawfully performing or attempting to perform any of the powers and duties provided for in the statutes or laws described in section 1601, is guilty of a misdemeanor, punishable as provided in section 479 of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.479 of the Michigan Compiled Laws. In making an arrest or search as provided in this part, or in serving or attempting to serve or execute any process or warrant, the department, any officer appointed by the department, or any other peace officer shall identify himself or herself by uniform, badge, insignia, or official credentials.
