Originally posted by: Millennium
Originally posted by: mugsywwiii
Originally posted by: Millennium
BTW, this is EXACTLY why you never should listen to "talk" newshows that allow people to give their opinion. What that guy said was FALSE. Before 1996 the language read "lawful" but to prevent people from resisting it was modified.
Before 1996 "lawful"
Current law
Your link for the current law takes me to the table of contents, but this is what I found as the current law:
§ 2921.33 Resisting arrest.
(A) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another.
(B) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person and, during the course of or as a result of the resistance or interference, cause physical harm to a law enforcement officer.
(C) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person if either of the following applies:
(1) The offender, during the course of or as a result of the resistance or interference, recklessly causes physical harm to a law enforcement officer by means of a deadly weapon;
(2) The offender, during the course of the resistance or interference, brandishes a deadly weapon.
(D) Whoever violates this section is guilty of resisting arrest. A violation of division (A) of this section is a misdemeanor of the second degree. A violation of division (B) of this section is a misdemeanor of the first degree. A violation of division (C) of this section is a felony of the fourth degree.
(E) As used in this section, "deadly weapon" has the same meaning as in section 2923.11 of the Revised Code.
Still says lawful, but adds that you cannot cause physical harm to an officer (I have no idea if that means he broke the law when he punched the officer, or if he would have had to actually injure the officer to have broken the law if you consider this an unlawful arrest). Let me just say once again that I'm not siding with the fat guy, I'd rather reserve judgment until I know all of the facts. I was merely bringing up the fact that the issue is not only whether the police used excessive force or were irresponsible in the way they subdued him, but also whether the police were justified in treating the man as a criminal to begin with. He was originally described as appearing to be mentally disabled.
Watch 12 Angry Men, it's a great movie.
You're stilling missing the WHOLE point of it. The individual DOES NOT get to determine if his arrest is lawful or not, that is up to the courts. Regardless of if it was a "lawful" arrest, he still can't assault anyone to PREVENT his arrest. Just because he wouldn't be guilty of resisting if it was an unlawful arrest(which the courts decide) doesn't mean he can assault an officer, be publicly intoxicated, or possess drugs. You are taking one outside issue that has no affect on his arrest and amplifying it as legal behavior for the suspect to engage in. It IS a lawful arrest if they had reason to believe he was committing a crime. He was under the influence according to the firefighters, people at the restaurant, and the original responding officers. That is a crime and it was a lawful arrest.
Yes they were justified it treating him like a criminal, because he was engaging in criminal activity and then proceeded to assault an officer. The moron on the TV show was totally misinterpreting the law.
Here is what the Ohio bar association says
Even if you believe the officer has no grounds to arrest you, do not argue with or resist the police. You have no right to argue about why you are being arrested or about your guilt or innocence at the time of the arrest. Arguing or resisting the police will not help you. It will mean the police can bring additional criminal charges against you, and it may make it harder for you to get out of jail on bail if you are charged.
Again, do not argue with the police.
Never resist your arrest. Do not run away.
Never resist the arrest of another person.
1. You may be arrested by a police officer who personally saw you violate any state statute,
city ordinance or federal law. The law may be a serious crime (a felony) or a lesser offense (a misdemeanor). The important thing is that the officer sees the violation.
Public disorder/Public intox is a violation of a city ordinance.