eye95
Well-known member
Whether or not the charge stands up, the arrest being lawful is a separate issue. Of course a conviction will almost surely make the issue of lawful arrest moot--but not necessarily. Whether or not someone is guilty of a crime and whether or not someone was lawfully arrested are independent issues.
Once again, though, my point is being missed: The determination as to whether or not an arrest is lawful will not be made by the arrestee and certainly won't be made at the time of the arrest. If one decides that an ongoing arrest is unlawful and takes the life of an officer to stop it, he had better hope that he can find a court to agree--otherwise he will be convicted of murder.
Prudence dictates that, unless you are in fear of life or limb, you don't physically resist. Everything except dead or dismembered can be fixed later.
Once again, though, my point is being missed: The determination as to whether or not an arrest is lawful will not be made by the arrestee and certainly won't be made at the time of the arrest. If one decides that an ongoing arrest is unlawful and takes the life of an officer to stop it, he had better hope that he can find a court to agree--otherwise he will be convicted of murder.
Prudence dictates that, unless you are in fear of life or limb, you don't physically resist. Everything except dead or dismembered can be fixed later.