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submitted 2 years ago by stinky@hexbear.net to c/askchapo@hexbear.net

I think I know the answer but just checking…

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[-] CthulhusIntern@hexbear.net 1 points 2 years ago

According to the Supreme Court, yes, you can, if the arrest was illegal. But would such a case ever get to trial before the other cops kill you, and would they not kill you if a court thought you were justified?

[-] Golabki@hexbear.net 0 points 2 years ago

Yo, do you remember the name of the case? I want to read up on this.

[-] CthulhusIntern@hexbear.net 0 points 2 years ago* (last edited 2 years ago)

Bad Elk v. United States, however, upon further reading, this has been all but overturned by pretty much every state during the backlash against the Civil Rights Movement, under the reason that you should sue if you're unlawfully arrested. But then qualified immunity happened. So I retract my statement. Cops can do whatever they want to you and you have no legal recourse. The only way any cop will receive any punishment is if enough media attention is given to that case.

[-] Changeling@hexbear.net 1 points 2 years ago* (last edited 2 years ago)

The only way any cop will receive any punishment is if enough media attention is given to that case.

And you have to have global protests which involve burning down several police stations in order for then to consider convicting even a single one.

[-] TheLepidopterists@hexbear.net 1 points 2 years ago

In Indiana at least, technically you can during a no knock raid.

Realistically they'd keep sending cops til they killed you I'm certain.

[-] TheWorldSpins@hexbear.net 1 points 2 years ago* (last edited 2 years ago)

Realistically they’d keep sending cops til they killed you I’m certain.

That would be a really amusing movie. Trained assassin gets a wrongful no-knock raid and kills infinity cops for two hours, each raid becoming more and more over the top.

[-] emizeko@hexbear.net 1 points 2 years ago* (last edited 2 years ago)

ask Michael Reinoehl

this post was submitted on 08 May 2023
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