Re: Police - protect, serve, detain, shoot dog
Posted:
Tue Jul 02, 2013 10:38 pm
by Stratego
According to the law it doesn't matter if the arrest was justified. The point was that the police felt threatened at the point the dog lunged at him therefore he can shoot in self defense. Even if they completely violated the guy's rights, it would not be a consideration in judging this case.
Re: Police - protect, serve, detain, shoot dog
Posted:
Wed Jul 03, 2013 8:12 am
by exploited
That's a nice effort PoS, but you left out some crucial information:
“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.”
Two things: the arrest has to be illegal, and the force used must be proportionate, like any other case of self-defense. So, no, you do not have any right to resist a lawful arrest. And even if it is an illegal arrest, you can still be charged for it, up to involuntary manslaughter.