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Yeah, IANAL but my understanding in the US is that a cop is always a cop, even if they are off duty and wearing a bathrobe they can still arrest you, question y
by neaden 10y ago
Yeah, IANAL but my understanding in the US is that a cop is always a cop, even if they are off duty and wearing a bathrobe they can still arrest you, question you, etc.
- eridius 10y agoSure, but my point is if a security guard comes up to you and tells you to leave, saying no is not resisting arrest, but apparently if that security guard happens to be an off-duty cop then it is resisting arrest, and that seems wrong.
- njharman 10y agoSure but the problem is, some random, ununiformed dude maybe or maybe not claiming to be a cop starts to man-handle you and trying to physically subdue you. It should be reasonable to resist that. How can anyone tell that is a lawful arrest vs an assault/prelude to kidnapping?
- flubert 10y ago>How can anyone tell that is a lawful arrest vs an assault/prelude to kidnapping? http://www.jimwagnerrealitybased.com/images/If_you_are_placed_under_citizens_arrest.pdf http://www.jimwagnerrealitybased.com/images/If_you_are_place...
- njharman 10y agoThat document seems to describe the ideal of the law. The reality is much different. DA's will side with and protect police, courts will believe police testimony over mine or other citizens. It also, mostly deals with citizens. not off duty police who can appear as citizens but then, after fact, apply/claim their authority as LEO. Case in point, the man in above article is still being charged even though he was resisting a bogus arrest. Despite that article saying that "won't" happen.
- aYsY4dDQ2NrcNzA 10y agoAny citizen has the power of arrest. But yeah.
- deleted 10y ago[deleted]