Assertion: arrest | /r/HasProperty | unlawful
Facets:
value: no longer
type: TEMPORAL
value: for one
type: OTHER
value: after all
type: OTHER
value: under the fourth amendment
type: OTHER
value: in the circumstances of the occasion
type: TEMPORAL
Source sentences:
text: It is not a crime to obstruct an unlawful arrest; however, it does constitute an offence if a person assaults another believing their arrest to be unlawful, and lawfulness is later established.
text: The effect of § 53a-23 is to require a person to submit to an arrest, even if he or she believes, and ultimately it is determined, that the arrest is illegal.
text: An arrest is lawful when a police officer has obtained a valid warrant to do so.
text: A citizen's arrest is a form of lawful custody and anyone attempting to flee would commit the offence of escape from lawful custody.
text: In the end, only a court can decide if an arrest is legal or illegal; it’s better to save any fighting for the courtroom.
text: (b) Except as provided in § 39-11-611, it is no defense to prosecution under this section that the stop, frisk, halt, arrest or search was unlawful.
text: The traditional rule was that the crime of resisting arrest included the assumption that the arrest was a legal one, so it was not a crime to resist an illegal arrest.
text: Not all arrests are legal arrests.
text: It is no defense to a prosecution under this section that the peace officer was attempting to make an arrest which in fact was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense.
text: A person is not authorized to use force to resist an arrest, either of the person's self, or another which the person knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if the person believes that the arrest is unlawful or the arrest is in fact unlawful.
text: A person is not authorized to use force to resist an arrest, either of the person's self, or another which the person knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if the person believes that the arrest is unlawful or the arrest is in fact unlawful.
text: (b) It is no defense to prosecution under this section that the arrest or search was unlawful.
text: But if the arrest is unlawful, the search is also invalid, and can be barred from the criminal proceedings.
text: Regardless of what power a person is arrested under, they must be informed that they are under arrest and of the grounds for their arrest at the time or as soon after the arrest as is practicable, otherwise the arrest is unlawful.
text: If it later turns out that an offence had not been committed, such an arrest would be unlawful.
text: For example, if you believe that your resistance was justified because the arrest was unlawful, you’ll need to know whether your state recognizes this defense, as explained above.
text: If it later turns out that an offence had not been committed, such an arrest would be unlawful.
text: Because that arrest was unlawful, the young man “was justified in resisting the attempted arrest with all force that was reasonably necessary to do so.
text: However, even in North Dakota the law stipulates that falsely believing the arrest was unlawful is not a defense.
text: It also stipulates that an arrest is unlawful only if a police officer knowingly violates the law, as opposed to making a mistake in good faith.
text: If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.
text: An arrest without a warrant, a valid exception or probable cause is unlawful.
text: That said, I would never advise someone to resist arrest, even if he or she knows the arrest was improper or unlawful.
text: In court, resistance to arrest will nearly always be interpreted as a consciousness of guilt, not the recognition that the arrest is unlawful and
text: It is a defense to prosecution under this section that: A. The person knew that the law enforcement officer knew that the arrest or detention was illegal; or B. The person reasonably believed that the person attempting to effect the arrest or detention was not a law enforcement officer.
text: In the end, only a court can decide if an arrest is legal or illegal; it’s better to save any fighting for the courtroom.
text: In most states, it will still be a crime to resist a police officer, even if the arrest would be illegal.
text: The arrestee may not have that right even if the arrest is illegal.
text: If a person who has an authority to arrest, arrests a person with full knowledge that the arrest is illegal, he will be liable to be prosecuted under Section 220 of IPC.
text: Similarly, any private person who does not have an authority to arrest, arrests a person with full knowledge that the arrest is illegal, can be prosecuted under Section 342 of IPC for wrongful confinement.
text: We hold that a private citizen may not use force to resist peaceful arrest by one he knows or has good reason to believe is an authorized peace officer performing his duties, regardless of whether the arrest is illegal in the circumstances of the occasion.
text: Although the Court's opinion did not explicitly state that the prosecutor's official oath could not furnish probable cause, that conclusion was implicit in the judgment that the arrest was illegal under the Fourth Amendment.
text: China again takes aim at Canada and its allies, saying Meng's arrest is "illegal" and countries expressing concern about Spavor and Kovrig have different standards on human rights for citizens of different countries.
text: For one, as discussed below, the arrest might be lawful even if the arrestee is innocent.
text: For an arrest to be lawful it must adhere to the conditions laid out in the Police and Criminal Evidence Act 1984.
text: After all, when the arresting officer uses excessive force, the arrest is no longer lawful.
text: This section does not make unlawful any arrest in this state which would otherwise be lawful.
text: If the magistrate determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state, or admit him to bail for such purposes.
text: When a police officer has obtained a valid warrant to arrest a person, the arrest is lawful.
text: Keep in mind that an arrest made in error is not necessarily unlawful if the officer’s belief that the arrest was lawful was reasonable.
text: A citizen's arrest is a form of lawful custody and anyone attempting to flee may be guilty of attempting to escape from lawful custody.
text: A citizen's arrest is a form of lawful custody and anyone attempting to flee would commit the offence of escape from lawful custody.
text: A citizen's arrest is a form of lawful custody and anyone attempting to flee may be guilty of attempting to escape from lawful custody.
text: Some states have limited this even further by refusing to allow any force against police officers performing their authorized duties, regardless of whether the arrest is legal.
text: A statute rejecting the traditional rule might say something like this: “You can’t use force to resist if you know or should know that you’re being arrested by a police officer, regardless of whether the arrest is legal.