Discussion Question 6: Resisting Unlawful Arrest

 I think the point is the collected evidences from polices or investigators will cause an arrest based on the reasons valid or out of exclusive rights; besides, the residence may be able to use a constitutional right ask for Miranda rights or First and or Forth Amendment rights for self-defense under jurisdiction if it is without a search warrant. In the presentation, it shows the elements are including: necessity, unprovoked attack, imminent danger, and reasonable force[chapter 6 zoom(02:21)]. In today, the law is out of dates because it results an overact if an officer means to arrest a citizen without a lawful reason or in a personal purpose, like enter a property to do an arrest. Under California Penal Code, Section 834a, and Connecticut Statutes, Sections 53a-23. “A person is not justified in using physical force to resist an arrest by a reasonably identifiable police officer, whether such arrest is legal or illegal.” Unless resist one police officer under common law to arrest for another suspect via entering a defendant’s home unlawfully. For example, the court reversed a conviction for felony obstruction of a police officer. People v. More. On the other hand, people can also resist a police office do unlawful research for a citizen if there is no Mens Rea or Actus Reus. Otherwise, the defendant use his or her retreat rule for escape, one once believe the arrest have deadly force and will cause a death but that was only start with a small issue. Stand -your- ground rule that if one defendant was in charged in manslaughter but he or she did not start the fight, “can use the deadly force to stop if one have a reasonable belief that was in danger of death or serious bodily harm [chapter 6 zoom(14:57)]”.

Hi Michelle, 

I understand your point of view about that citizens should have more protection when they facing the police power. I agree with you a little bit because most of the case, police officer should arrest or do a research in one's property or on his or her body against a violation. Then, it requires a search warrant or warrant in details of the defendant's descriptions and the rules breaking up. On the other hand, now the policy has some changes, like one police officer can enter one suspect's property for finding another defendant and it is lawful arrest. One can assert that using the stand on your ground because he or she never attend the attack at the beginning. Stand -your- ground rule that if one defendant was in charged in manslaughter but he or she did not start the fight, “can use the deadly force to stop if one have a reasonable belief that was in danger of death or serious bodily harm [chapter 6 zoom(14:57)]”.

I think the point is the collected element from police side do or do not cause an arrest based on the reasons whether valid or acceptable; besides, the residence may able to use a constitutional right ask for Miranda rights or First and or Forth Amendment rights for self-defense under jurisdiction if it is without a search warrant. In the presentation, it shows the elements are including: necessity, unprovoked attack, imminent danger, and reasonable force[chapter 6 zoom(02:21)]. In today, the law is out of dates because it results an overact if an officer means to arrest a citizen without a lawful reason or in a personal purpose, like enter a property to do an arrest. Under California Penal Code, Section 834a, and Connecticut Statutes, Sections 53a-23. “A person is not justified in using physical force to resist an arrest by a reasonably identifiable police officer, whether such arrest is legal or illegal.” Unless resist one police officer under common law to arrest for another suspect via entering a defendant’s home unlawfully. For example, the court reversed a conviction for felony obstruction of a police officer. People v. More. On the other hand, people can also resist a police office do unlawful research for a citizen if there is no Mens Rea or Actus Reus. Otherwise, the defendant use his or her retreat rule for escape, one once believe the arrest have deadly force and will cause a death but that was only start with a small issue. Stand -your- ground rule that if one defendant was in charged in manslaughter but he or she did not start the fight, “can use the deadly force to stop if one have a reasonable belief that was in danger of death or serious bodily harm [chapter 6 zoom(14:57)]”.