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Thread: "STOP! POLICE!" and the law?
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May 5th, 2011, 02:27 PM #1
"STOP! POLICE!" and the law?
So we all have read where if you're being pulled over by an unmarked, that you can call 911 and explain what's happening, etc.
But when on foot, you don't have that kind of time.
So 2 guys (who are actually cops) in plainclothes jump out of a van and come at me... I'm gonna bolt, trying to put some space between me and them. At some point, when I can no longer retreat, I'm going to defend myself, as 2-on-1, I'm in fear for my life or seriously bodily injury. I'm sure at this point I'll be staring down the barrel of 2 pistols at the minimum. Hopefully at this point they will identify themselves.
Is just them yelling "STOP POLICE" while chasing me enough to legally require me to stop (and thusly be taken down)?
I'm sure this is where GunLawyer would (or will) say "It's all in what you can convince a jury", but what's the letter of the law?"Conflict is inevitable, but combat is optional.”
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May 5th, 2011, 02:32 PM #2
Re: "STOP! POLICE!" and the law?
Unless you just killed a person I don't see how this situation would ever come up. For something relatively minor I'd bet most plainclothes cops would either a) call the station and get an on-duty cop to come down or b) approach calmly, identify himself, and then proceed from there.
I am not a lawyer and nothing I say should be construed as legal advice.
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May 5th, 2011, 02:37 PM #3
Re: "STOP! POLICE!" and the law?
You think so? Lemme spin ya a yarn that happened to me many years ago in downtown Lancaster.
I was in my pick up truck with my girlfriend sitting on King street waiting to turn onto Queen. It was summer, so we had the winders down and it was just getting dark. Two men walking down the sidewalk towards us, suddenly approach the truck, one whips out a badge from around his neck and a flashlight that I think he had up his sleeve, sticks head and the flashlight in the open window and yells "do you have any drugs in there!"
Did not identify himself other than pulling out a badge shortly before he intruded into my vehicle. I'm sure if I were older, he wouldn't have done it, but the cops seem to like to take advantage of kids when they do shit like that.Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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May 5th, 2011, 02:43 PM #4Grand Member
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Re: "STOP! POLICE!" and the law?
With all the stories in the recent papers of both ON and OFF duty cops pointing guns at people and KILLING them for no reason, not to mention the criminals that are dressing up like cops and impersonating them to commit crimes...
I'd probably run
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May 5th, 2011, 02:52 PM #5
Re: "STOP! POLICE!" and the law?
I am not a lawyer and nothing I say should be construed as legal advice.
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May 5th, 2011, 02:53 PM #6
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May 5th, 2011, 03:02 PM #7
Re: "STOP! POLICE!" and the law?
But I was responding to what you said on how you think they would actually behave. I hadn't just killed anyone, I hadn't just purchased any drugs, but i still had a plainclothes officer, approach me, without clearly identifying himself an intrude upon my private property for no reason.
Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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May 5th, 2011, 03:06 PM #8
Re: "STOP! POLICE!" and the law?
Unfortunately, there is some hard reality to the term "Police State."
They (some, hopefully not all...just trying to be optomistic!) are going to push to get what they want, or what they think you have. I got stopped in Easton last year and they asked me at least 3 times if I was drinking alcohol. Now for the pessimistic side: Not to dissimilar from "interrogation tactics," some will push the limits of the law to get the results they are looking for.
What to do about it?
That's the tough part, because it's another one of those "your word against the police" scenarios, where the police tend to win. Maybe it is a good thing to always have a recording device handy. This isn't a tell-all or cure-all, but maybe just trying to avoid certain situations. I know that is easier said than done, but in a worse case scenario, even if you are legally in the right the police are in the wrong, they can spin it otherwise.
I'm sorry that was so negative and downbeat!...and they have a plan...
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May 5th, 2011, 03:08 PM #9
Re: "STOP! POLICE!" and the law?
If you shoot, even if the guy yells "I'm not a cop, I'm a rapist terrorist killer and I'm gonna kill you!" you better hope there was a witness or audio/video tape because you shooting a cop ain't gonna end well, even if you make it to trial.
The bigger issue my friends and I have pondered is worse - what happens when it actually is a rapist terrorist killer and he yells "POLICE! STOP!" Seems to work for drug-related home invaders...or anybody with access to the internet who can buy a cheap badge and a windbreaker.______________________________________________
I won't steal your money!
http://forum.pafoa.org/feedback-109/103242-ppm209.html
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May 5th, 2011, 03:09 PM #10
Re: "STOP! POLICE!" and the law?
I get your point, and I'm not trying to be overly argumentative, but even I admitted that's one way a plainclothes could deal with a situation (though ideally they would do it much more politely and respectfully than they did in your case - and maybe even obey the law ). Maybe something was suspicious to him or maybe he was just being a dick. (I'm not saying what the cop did was right by any means).
There's a difference between a plainclothes sticking their head where they shouldn't and chasing a citizen with gun drawn for no apparent reason.
Just my opinion.I am not a lawyer and nothing I say should be construed as legal advice.
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