Judge throws out 4 of 5 charges against Jesse Benton

[erowe1]

The police are not the judge and jury. There is such a thing as a lawful arrest even if you are ultimately found to be innocent...

If you are innocent of any crime, then how could it be wrong of you to resist me if I tried to arrest you?

 

[Crashland]

If you are innocent of any crime, then how could it be wrong of you to resist me if I tried to arrest you?

For the same reason you are compelled to have your things searched or seized when there is probable cause.

 

[erowe1]

For the same reason you are compelled to have your things searched or seized when there is probable cause.

If you are innocent, then why would it be wrong for you to resist having me search or seize your things?

 

[twomp]

For the same reason you are compelled to have your things searched or seized when there is probable cause.

If you aren't doing anything illegal then what's wrong with letting the government read your email?

 

[Crashland]

If you aren't doing anything illegal then what's wrong with letting the government read your email?

I don't have a problem with your emails being searched if there is probable cause that you have committed a crime and that those emails are relevant to that crime, and a warrant has been issued. All of the above CAN happen even if you have not committed a crime.

 

[Crashland]

If you are innocent, then why would it be wrong for you to resist having me search or seize your things?

Do you think warrants are unlawful because you haven't yet been convicted? The police aren't the judge and jury. And not just the police, anyone can perform a lawful arrest even if the person insists they are innocent. If it is in question, the courts can determine whether the arrest was in fact lawful.

 

[hells_unicorn]

Do you think warrants are unlawful because you haven't yet been convicted? The police aren't the judge and jury. And not just the police, anyone can perform a lawful arrest even if the person insists they are innocent. If it is in question, the courts can determine whether the arrest was in fact lawful.

I agree in principle with the point that there is a lawful basis for probable cause and arrest warrants. Where I disagree is on whether an individual has the right to resist if said factors are being acted upon unlawfully. Police are not the judge and jury, but they also should not be exempt from entrapment laws, which sadly they are at the federal level. Similarly, while prosecutors are afforded a certain degree of latitude in order to try criminals, they should not be exempt from perjury laws, which presently they are.

Both law enforcement and prosecutors are capable of becoming tyrants if they are given too much power, and the flagrant abuse of law that has been observed of late should clue people in on the fact that America has some real problems in this department.

 

[Crashland]

I agree in principle with the point that there is a lawful basis for probable cause and arrest warrants. Where I disagree is on whether an individual has the right to resist if said factors are being acted upon unlawfully. Police are not the judge and jury, but they also should not be exempt from entrapment laws, which sadly they are at the federal level. Similarly, while prosecutors are afforded a certain degree of latitude in order to try criminals, they should not be exempt from perjury laws, which presently they are.

Both law enforcement and prosecutors are capable of becoming tyrants if they are given too much power, and the flagrant abuse of law that has been observed of late should clue people in on the fact that America has some real problems in this department.

100% agree.
I think, you are within your right to resist an unlawful arrest. But it is not always clear whether or not a court might find that the arrest was lawful, especially since the person being arrested may not be aware of all contextual information at the time. If it is obviously an unlawful arrest (as in, you think a court would side with you) AND it appears to be a dangerous situation, then I think it would be appropriate to evaluate whether or not it is worth the risk (of both the physical danger and the risk of the courts not going in your favor) to resist, which you would be within your rights to do.