Right to Resist

[customloaded]

Some states have a law that allows a citizen of that state to resist an unlawful arrest. Does Pennsylvania have such a law?

I asked based on the number of illegal arrests, detentions, and illegal confiscation of personal property (firearms) that seem to occur in Pennsyvlania pertaining to Open Carry.

[gnbrotz]

No. In fact, it's the oppostite:

Title 18, §505. Use of Force in Self-Protection.

(a) Use of force justifiable for protection of the person.—The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

(b) Limitations on justifying necessity for use of force. —

(1) The use of force is not justifiable under this section:

(i) to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or

[Ten*K]

doesn't that suck a fat one?

you know you are going down for something you didn't do, but you can't resist... and also knowing full well that it may bankrupt you just trying to defend yourself in court.

what a fucking country.

[RobW]

It sucks, but the LAST thing anyone wants to do in that situation (when you know you didn't do anything wrong) is to cross the line. I am always polite whenever I interact with law enforcement - yes sir, no sir, whatever you say sir. Gets me out of traffic tickets, and that is no lie! Plenty of time to fight back later.

--RobW

[Philbert]

doesn't that suck a fat one?

you know you are going down for something you didn't do, but you can't resist... and also knowing full well that it may bankrupt you just trying to defend yourself in court.

what a fucking country.

How would it be different if you were permitted to physically resist?

[wa3ra]

The ultimate catch 22. You're going to be arrested on a bogus charge, and you resist.

Now, they have a real crime to arrest you for, to wit: Resisting Arrest, and very probably Battery and/or Assault on a Police Officer.

[Ten*K]

How would it be different if you were permitted to physically resist?

it would certainly change things... some officers might think twice before trying to pull a BS arrest, however others may push harder in an attempt to get you to fight back justifying increased force.

I'm just saying it sucks ass.

[Brown-Bear]

I'm curious how many of would resist? I mean what would you do? Hit, kick and push, pull your gun? And if lets just say you fought off a LEO, what are you gonna do then go home open a beer and pretend it never happened? Cuz lemme tell you that will never hapen. You'll get arrested, slammed in jail and have the worst leagal battle you can imagine on your hands.

Not saying its right, in fact I'm saying its horribly wrong.

Dave W.

[Ten*K]

hide the evidence, say nothing, and make counter accusations.

[Warpt762x39]

hide the evidence, say nothing, and make counter accusations.

Dont forget to tell your mom. Moms are usually pretty good at getting stuff like this sorted out.