Question By: You should still take measures to protect yourself from excessive force by the police if you are pulled over. While the majority of arrests are legal and done so in a peaceful manner, many arrests are done with a large degree of force, which inevitably causes the suspect to resist arrest. Police are legally allowed to use as much force as they believe reasonably necessary, under Pennsylvania Criminal Code § 508. It is always easier said than done to refrain from resisting arrest, but when your arm is being bent nearly out of its socket, all rational and calmness will vanish quickly, causing even more force to be used against you to make the arrest.
Things You Should Do
-
The most important rule is to always be calm and polite. Even the most professional police officers can become aggressive if they feel threatened.
-
Always be mindful of your language, tone of voice, and body language. It may feel frustrating to have to be respectful if you feel they are not respecting you in return. However, being calm and polite can stop a bad situation from turning worse and ensure your safety.
Things You Should Not Do
-
Do not waive your rights. The police can and will legally lie to you. Never let false threats or promises trick you into waiving your rights.
-
During stop and frisks, you may verbally assert your refusal to consent. However, never touch an officer or physically resist. If you touch an officer, it can lead to you being tased, beaten, or charged with felony assault.
Amount of Force Used in Resisting Arrest
On the rare occasion that a court finds that an arrestee was entitled to resist excessive force, the determination shifts to whether the amount of force used was appropriate. Although the precise rules vary by state, in general, the amount of force used to resist arrest must be proportional to the amount of excess force used by the arresting officer.
Using Force Against a Law Enforcement Officer to Protect Yourself
The following example outlines all of the necessary circumstances in which you would be legally within your rights to use force as self defense against a police officer:
-
You did not initially resist arrest or attempt to flee;
-
You complied with police when asked to put your hands on your head, turn around, get on the ground, to be handcuffed, etc.;
-
The officer then punched you in the face, kicked you while you were not resisting, tasered you repeatedly, choked you, etc.; and
-
You used force to protect yourself but stopped using force when the officer was no longer using excessive force themselves (they became knocked to the ground, went unconscious, or otherwise stopped beating, choking, or kicking you and your safety was no longer in jeopardy).
If You Witness Police Brutality, following things can be done;
-
Exercise Your Rights, But Be Cautious’
-
The Right to Record What You See
-
Use Good Judgment
If you were a victim of police brutality, contact defense lawyers at Michael D. Ettinger & Associates. They have extensive experience defending people like you and have over 70 years of combined experience working on excessive force cases.
Visit https://www.michaelettingerlaw.com/How-to-Protect-Yourself-from-Excessive-Force-During-A-Police-Stop.shtml for more information.
Answer By: