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DKSuddeth
Regular Member
| Joined: | Mon May 8th, 2006 |
| Location: | Bedford, Texas USA |
| Posts: | 613 |
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Posted: Fri May 15th, 2009 08:47 pm |
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sean3686 wrote: the cop never said he was under arrest..
detain and arrest are different.
"When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified." Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
By attempting to snatch a deadly weapon BEFORE detaining said individual and THEN drawing a deadly weapon constitutes violent assault.
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smoking357
Banned
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Posted: Sat May 16th, 2009 02:20 am |
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DKSuddeth wrote: sean3686 wrote: the cop never said he was under arrest..
detain and arrest are different.
"When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified." Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
By attempting to snatch a deadly weapon BEFORE detaining said individual and THEN drawing a deadly weapon constitutes violent assault.
"Assault" is placing one in fear of imminent bodily harm. Tasers are lethal weapons, often deadlier than guns. If a cop puts his hand near his gun or his Taser improperly, a citizen should darn well be in fear for his life and respond accordingly.
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Thundar
Regular Member
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Posted: Thu May 21st, 2009 09:07 pm |
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American Rattlesnake wrote: sean3686 wrote: the cop never said he was under arrest..
detain and arrest are different.
Are you saying that while it is legal to resist unlawful arrest with the necessary level of force (as is well demonstrated by DKSuddeth's citations) it is unlawful to resist an unlawful detention with the same level of force?
Unfortunately this is exactly the case in Virginia. Virginia common law allows for the resistance to unlawful arrest up to and including deadly force, but such resistance is not permitted for an unlawful detention. Each state is, I am sure, different.
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American Rattlesnake
Regular Member
| Joined: | Wed Oct 3rd, 2007 |
| Location: | Idaho USA |
| Posts: | 266 |
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Posted: Thu May 21st, 2009 09:48 pm |
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Thundar wrote: American Rattlesnake wrote: sean3686 wrote: the cop never said he was under arrest..
detain and arrest are different.
Are you saying that while it is legal to resist unlawful arrest with the necessary level of force (as is well demonstrated by DKSuddeth's citations) it is unlawful to resist an unlawful detention with the same level of force?
Unfortunately this is exactly the case in Virginia. Virginia common law allows for the resistance to unlawful arrest up to and including deadly force, but such resistance is not permitted for an unlawful detention. Each state is, I am sure, different.
I suppose that makes sense; the detention is more or less a "stop and talk" type situation. Can you walk away from a detention?
Can you "detain" someone at gunpoint? That sounds more to me like an "arrest" regardless of what the officer calls it.
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Hawker
Regular Member
| Joined: | Sat Apr 12th, 2008 |
| Location: | Dover, Delaware USA |
| Posts: | 82 |
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Posted: Thu Jun 11th, 2009 03:15 pm |
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thejax wrote: Hey man, I agree. I was also carrying but concealed as ofcourse I am in public and not in the mood to be bothered. My friend on the other hand is very comfortable with open carry and thats his choice. But I would say he would of been shot. When the guns drew I put my hands up. I wouldn't of been shot. But my friend, he is very lucky.
You say that you were carrying concealed. You indicate that you reside in PA. What qualifications do you have to legally carry concealed in Delaware? PA and DE do not share reciprosity.
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Ian
Lone Star Veteran
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Posted: Fri Jun 12th, 2009 02:57 pm |
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If this story is true, both the officer and your friend handled it VERY poorly.
First, the officer shouldnt've just grabbed for your friend's gun without making contact, he needs to learn the law.
This cop must be a rookie. I don't know any cop that wouldn't fire if drawed on. That cop needs a new line of work because they're going to get themselves or someone else killed.
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marshaul
Activist Member
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Posted: Fri Jun 12th, 2009 03:26 pm |
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| I draw on LEOs all the time. In GTA.
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