Self defence

[Summit_Ace]

I know I a going to catch a lot of flak for this post , but here it goes. This question stems from a attorney I am working for and a video I saw on line. The attorney is well known back east, he made his living defending police officers in criminal cases. He also represented the police union in contract negotiations. The video was of a man who was allegedly sodomized by an officer with a police radio while another held him down for smoking pot. Apparently there were several witnesses to the assault. This is just one of many examples of police brutality. I understand that this is the exception and not the rule and that there are many good officers out there.

My question is what do you think would happen in the real world if you shot a police officer in self defense? If a person was attacked by two people one could legally use deadly force. What is the case if the assailant is law enforcement? In the real world what do you think would happen?

 

[JBP55]

I think you should present that question to the Well Known Attorney you work for.

 

[Suburbazine]

Short version:

You'll be crucified.

 

[posse comatosis]

In a court of law, this may happen. In a real life situation, you'll be lucky to see the sun rise again:

“Citizens may resist unlawful arrest to the point of taking an arresting
officer's life if necessary.” Plummer v. State, 136 Ind. 306. This
premise was upheld by the Supreme Court of the United States in the
case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the
officer is killed in the course of the disorder which naturally
accompanies an attempted arrest that is resisted, the law looks with
very different eyes upon the transaction, when the officer had the right
to make the arrest, from what it does if the officer had no right. What
may be murder in the first case might be nothing more than manslaughter
in the other, or the facts might show that no offense had been
committed.”

http://www.constitution.org/uslaw/defunlaw.txt

 

[Summit_Ace]

I think you should present that question to the Well Known Attorney you work for.

LOL yeah, he was the one who said one could use deadly force against an officer. I asked him if out of all the cases if he had ever heard of someone shhoting an officer and walking. He said no.

 

[Summit_Ace]

In a court of law, this may happen. In a real life situation, you'll be lucky to see the sun rise again:

http://www.constitution.org/uslaw/defunlaw.txt

What state did that case take place in? Case law from other states are not binding unless it is a US Supreme Court decision.

 

[posse comatosis]

I assume you are referring to John Bad Elk v. U.S. in 1900, which overturned a decision from a lower court in State of South Dakota. Bad Elk, himself a policeman, shot and killed another policeman attempting to affect a arrest without a warrant for a misdemeanor not committed in his presence nor that of the other police in attendance.
http://supreme.justia.com/us/177/529/case.html

 

[oleheat]

Unless you're in a situation reminiscent of the movie Unlawful Entry, which just ain't very likely, I have a stinkin' suspicion this just wouldn't fly.....

 

[Quickdraw22]

Man, you better have a damn good reason for shooting a cop.

If you do, you'll be lucky to have anything left when the courts get through with you.

 

[Summit_Ace]

Man, you better have a damn good reason for shooting a cop.

If you do, you'll be lucky to have anything left when the courts get through with you.

In your opinion, would one cop holding you down and another sodomizing you with a police radio be a damn good reason? My guess is if it was "Joe Blow" you would not even make it to the ground before he had three in his chest.

 

[Witness]

Anyone trying to put anything in and/or around my ass hole is going to get a severe beating or killed. I don't care if they got a badge or not.

The end.

 

[JadeRaven]

I think it could bring down murder to a manslaughter, maybe. . . lol

 

[spanky]

I think it depends on how the "offender" is viewed by the first-responding co-workers.

Hate him? You're GTG.
Like him? You're dead.

 

[CloudStrife]

That's a big flaw in our system if defending one's self against a cop is such an open and shut case. If he isn't acting within his duty, then he's just another a**hole on the street, and the court *should* see it as such.
Just like with hate crimes, this isn't equal protection under the law.

 

[Quickdraw22]

In your opinion, would one cop holding you down and another sodomizing you with a police radio be a damn good reason? My guess is if it was "Joe Blow" you would not even make it to the ground before he had three in his chest.

It all depends. Is this one of the 1980's style radios that are the size of a small child, or the new super compact radios. This could be a very good deciding factor.........

 

[W1nds0rF0x]

The video was of a man who was allegedly sodomized by an officer with a police radio while another held him down for smoking pot.

WTF??! Ouchie!