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defiantbadgirl -> RE: psycho agents terrify college students (7/5/2013 5:24:38 PM)
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quote:
ORIGINAL: tazzygirl
quote:
In texas it is legal to resist an unlawful arrest with lethal force.
Simple mistake of fact situations would generally not warrant attempting to elude law enforcement. However, there are some that would, such as:
the person making the arrest never identifying themselves, causing the defendant to believe they are the target of kidnapping or robbery.
the reasonable belief that the person making the arrest is an impersonator with the intent of victimizing the defendant.
the reasonable belief that the defendant would be the victim of police brutality if taken into custody by that individual.[citation needed]
Many courts generally will not condone violence used in resisting an unlawful arrest, or "deadly force," unless it's proven the police began to use violence upon the defendant.
They identified themselves... they attempted to show badges which they didnt bother to look at and they had no reason to believe the girls knew any of the officers or that they would be the target of police brutality.
I believe this case would fall under "the reasonable belief that the person making the arrest is an impersonator with the intent of victimizing the defendant."
1. It was dark and the badges had very small lettering.
2. Even if the girls were able to read the them, the badges were from a different state.
3. They were dressed in street clothes, jumping on their hood, trying to break out their windows, and one even pulled a gun on the unarmed girls.
So we have "agents" dressed in street clothes, flashing an out of state badge with small print after dark, drawing weapons on unarmed girls, behaving like attacking street thugs. I think that easily qualifies.
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