Any defense against legal technicalities used to arrest or harrass?
September 4, 2014 1:00 PM Subscribe
In the moment of encounter with an authority who is making a legal claim that is a technicality or perhaps over-reaches of an intended law, is there any defense? Are you stuck until you get in front of a judge?
posted by notatron to Law & Government (15 answers total) 3 users marked this as a favorite
The Michael Brown/Ferguson Police coverage surfaced this story
of a man being allegedly beaten by police and then charged with destruction of property for bleeding on their uniforms.
I have occasionally met folks who have taken pleasure in knowing legal technicalities that they suggest that police use as an excuse to harass and could be used by people to protect them from negative legal consequences in certain situations…a oft-sited one among martial artists was an assault is simply being poked with a finger and so that supposedly justifies the use of force in the situation in defense.
I also assume there is any number of laws (many old and out of date) that are left on the books that give police a tactical option to pull cars over, ask pedestrians for id, etc. I suppose in the hands of a more enlightened police officer these tactics might be useful, but they could also be misused as suggested in the case of Henry Davis above.
Any defense from this misuse of power?