Judge: Homeowner had "right to resist" officers

CHL discussions that do not fit into more specific topics

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razoraggie
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Location: League City, Texas

Post by razoraggie »

I was trying to find that......Great Job Jason!
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Liberty
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Post by Liberty »

Jason73 wrote:
txinvestigator wrote:They entered to arrest her, obviously.
Really? How do you know, were you there?
txinvestigator wrote:it does not matter if the deputies were legally arresting her or not. Resisting is illegal.
Actually, no it isnt:

Texas Penal Code, 9.31 (C)
The use of force to resist arrest or search is justified:
(1) If, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest; and
(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

Also:

The United States Supreme Court, in the case of John Bad Elk v. U.S., 177 U.S. 529 (1900) stated:

"...where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction when the officer had the right to make the arrest, from what it does if the officer had no right."

"an arrest made with a defective warrant; or one issued without affidavit; or one that fails to allege a crime is without jurisdiction, and one who is being arrested may resist arrest and break away."
But it doesn't look like there is any legal protection when one acts to defend ones spouse against such thugish cops, even though we have some legal defense to protect ourselves
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