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The passenger wasn't throwing a temper tantrum, he was being assaulted. If that sort of thing happened in any other civil context where there weren't babies aro
by cmurf 10y ago
The passenger wasn't throwing a temper tantrum, he was being assaulted. If that sort of thing happened in any other civil context where there weren't babies around, like a bar, the assaulter would get their asses kicked. And that's even if they're police, if they have not made an arrest. If they tell you you're under arrest, you must comply even though they still can't use excessive force, and even if you think it is an unlawful arrest. If you're not under arrest, any force is an attack and legally you can defend yourself. Plummer vs State.
- koenigdavidmj 10y agoPlummer is an Indiana case, not a federal one, and doesn't say what you think it says.
- cmurf 10y agoIt has been cited in federal cases, it hasn't been overturned. You're welcome to be more clear about what it says that's incongruent with what I've said, rather than hand waving.
- kelnos 10y ago> the assaulter would get their asses kicked. And that's even if they're police, if they have not made an arrest. I sincerely doubt that. Most people will not voluntarily get mixed up in police violence that isn't directly related to them.