Thread: Is it right to resist an unlawful arrest?

So I was reading this story about a man and his girlfriend who was walking down the street, got attacked by some muslim women. They ran away and tried not to fight, fearing the womens' men might be around the corner. At their apartment he calls the police to report the attack and he says "Can't even walk down the streets without getting attacked by (*)(*)(*)(*) muslims!" after which one of the two policemen takes hold of him and pushes him against the fence of the apartment stairhouse yelling that he should say such things. He demands the policeman to stop and his girlfirend tries to loose him but she's beaten by the other police. And so he's arrested and dragged off to the police station to stay in a cell for some days . this happened in sweden. Note though that the story is not the important part and I may have remembered it wrongly. The important part is that if I were him I'd be PISSED OFF AS HELL. I mean really, if I get attacked by people who are actually muslims is it so horrible if I call them (*)(*)(*)(*)ed muslims? they attacked me after all, I think I have a right to call them much worse things than that. And the police are there to serve ME so if they do (*)(*)(*)(*) like this I actually think I have a right to use force, even kill them, if they don't stop. That said, I'm not that buff so I might just avoid that, but still.

At English common law someone can choose to resist an unlawful arrest and can do so using reasonable force to try to prevent the arrest. In reality it's likely that the police will have sufficient physical force to overcome the resistance of the individual and take them away. In that case the individual has recourse to sue in an action for tortious liability and to have damages awarded. While it's legal it's not advisable. You can get hurt for one. I don't know the legal situation in Sweden. However I think it might be similar and in any case don't (*)(*)(*)(*) with the cops is a good idea, go and see a lawyer later to sort it out.

Resisting arrest is usually a bad idea, even when the police are misusing their authority or being abusive. The best thing to do is to try to report the offending officers later, or sue if you believe the whole police organisation was to blame. If there seems to be a constant problem and nothing is being done by the authority to try to solve the problem, you might want to consider becoming politically active. If your ordeal was outrageous enough, you might try to take your story to the news.

But if you have reason to fear severe abuse, or fear for your life, and also have reason to believe that the arrest is not legal, you may in some situations consider resisting arrest. It will later be up to a jury to decide whether your actions were justified. You will have to have a really really good reason for resisting arrest if it involves hurting a police officer.

If you hurt a police officer while you are resisting arrest it's not a good look. It doesn't make sense either. One reason I that you will get a hammering. If you biff a cop then expect to get a biffing back - because you will. Cops are experts in force, they have to be, so if you biff and get biffed then stop whining, you got what was coming to you. Best thing is to be nice and cooperative and understand that short of using a tactical nuclear weapon you're going to the station. May as well go there without getting a biffing. You're not biffed, cops not biffed, all good. If the arrest is unlawful then your lawyer will sort that out. Isn't that nice and civilised?

Some people feel very strongly about particular issues, and it can cause them to resist arrest for the principal of it, even though it is not likely to result in any good.

I think we should all try to be as civilised about it as we can; anarchy should be reserved only for the most extreme situations.

And just on that. Never speak to the police beyond that which you are required by law. It might pay to bone up on what the law is where you are. Many jurisdictions require you to answer questions relative to motor vehicles ("are you the owner of...."). But when it comes to criminal matters don't think that because you know you didn't do it is okay so you can talk to the nice detective - don't do it. Who cares if you're arrested? Do not say a (*)(*)(*)(*) thing until you have spoken to your lawyer. If you get locked up then suffer the indignities (and there are many). Just remember that six months later in the court room that's where the real problems start.

Of course I do realise these two things: That the police will most likely beat the living hell out of me if I try to resist, and that it would be a bit chaotic if it was legal to resist arrests. And yeah, you could just go the the court afterwards and sue them. I like the fact that it's legal to resist an unlawful arrest in english common law, I bet that there some similar old (very old, back in the days of sensible laws) law here in Sweden that allows that too.

Originally Posted by Mr. Swedish Guy

So I was reading this story about a man and his girlfriend who was walking down the street, got attacked by some muslim women. They ran away and tried not to fight, fearing the womens' men might be around the corner. At their apartment he calls the police to report the attack and he says "Can't even walk down the streets without getting attacked by (*)(*)(*)(*) muslims!" after which one of the two policemen takes hold of him and pushes him against the fence of the apartment stairhouse yelling that he should say such things. He demands the policeman to stop and his girlfirend tries to loose him but she's beaten by the other police. And so he's arrested and dragged off to the police station to stay in a cell for some days . this happened in sweden. Note though that the story is not the important part and I may have remembered it wrongly. The important part is that if I were him I'd be PISSED OFF AS HELL. I mean really, if I get attacked by people who are actually muslims is it so horrible if I call them (*)(*)(*)(*)ed muslims? they attacked me after all, I think I have a right to call them much worse things than that. And the police are there to serve ME so if they do (*)(*)(*)(*) like this I actually think I have a right to use force, even kill them, if they don't stop. That said, I'm not that buff so I might just avoid that, but still.

For me, it reinforces the notion that western governments are bending over backwards to appease Muslims, setting up a terrible double standard.

As for resisting arrest, I wouldn't do it here in the States, in particular because the police seem more than happy to use tasers - potentially lethal force - on those who do. Such is the state of our "freedom" and "liberty" today.

It might be morally right to stand up for yourself against abuses of law.

It just takes a bit of thinking to do so without risking your own life. Europeans are way too hypersensitive. Basically they have all become whiney (*)(*)(*)(*)(*)(*)(*) who pass laws to keep everyone from being offended. God forbid somebody has something said to them that's offensive in Europe. Call out the (*)(*)(*)(*) cops and throw the offensive speaker in jail or fine him.

You guys need a (*)(*)(*)(*) bill of rights that includes freedom of speech. Get the (*)(*)(*)(*) out of the EU, and stop taking (*)(*)(*)(*) from leftists.

Originally Posted by Mr. Swedish Guy

The important part is that if I were him I'd be PISSED OFF AS HELL. I mean really, if I get attacked by people who are actually muslims is it so horrible if I call them (*)(*)(*)(*)ed muslims? they attacked me after all, I think I have a right to call them much worse things than that.

People who are legitimately arrested are often pissed off too. What you think you have the right to do isn't necessarily the same as what is legal. Also, your example sounds very one-sided - lots of reports like this from the suspects point of view paint a very different picture to the truth.

Originally Posted by Mr. Swedish Guy

And the police are there to serve ME

Wrong. The police are there to serve everyone.

Originally Posted by Mr. Swedish Guy

so if they do (*)(*)(*)(*) like this I actually think I have a right to use force, even kill them, if they don't stop. That said, I'm not that buff so I might just avoid that, but still.

In principal, if an arrest is illegal, you'd have the same right to resist as if a random stranger was trying to do the same thing. Unless your life were at risk, reasonable force wouldn't extend to killing them though.

I practice, I suspect a vast majority of people the police legitimately arrest will either believe or claim they're innocent and shouldn't be arrested. In most circumstances, just because you believe you shouldn't be arrested, violence against the arresting officers isn't justified. Creating a social or legal principal that people can fight the police if they feel like it is a recipe for disaster.

There can obviously be extreme situations where things are different but in most Western countries, those will be few and far between. Your example is far from an extreme case.