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by Bullwhip
Tue May 17, 2011 4:11 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Court: No right to resist illegal cop entry into home
Replies: 25
Views: 3856

Re: Court: No right to resist illegal cop entry into home

MasterOfNone wrote:
Bullwhip wrote:Is refusing to move or open the door "force"? I dont' think so. If they move you or break down the door is it now "greater force than necessary"? Yeah I think so.

Will you survive? I dont' know. Definitely at least going to get a ride, probably in an ambulance first then to jail. Worth it? Your call.
If you are physically blocking entry, then moving you becomes necessary to conduct the search.
Does it become legal to move you just because it's "necessary"?

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by Bullwhip
Mon May 16, 2011 3:33 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Court: No right to resist illegal cop entry into home
Replies: 25
Views: 3856

Re: Court: No right to resist illegal cop entry into home

MasterOfNone wrote:As TexasBill mentioned, Texas law already states just what those Indiana judges ruled:
PC §9.31(b) wrote:(b) The use of force against another is not justified:
...
(2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);
...
and
PC §9.31(c) wrote:(c) The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.
So even if a search is unlawful, one cannot use force to resist it.
Is refusing to move or open the door "force"? I dont' think so. If they move you or break down the door is it now "greater force than necessary"? Yeah I think so.

Will you survive? I dont' know. Definitely at least going to get a ride, probably in an ambulance first then to jail. Worth it? Your call.

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