I was reading American Police Beat and saw this article:
Resisting Arrest: Not A Crime
Written by Dennis Slocumb
The Multnomah County Sheriff's Office in the Portland, Oregon area recently sent out a memo regarding a resisting case (State v. Oliphant) and its decision's effect on Oregon law enforcement. In essence, the ruling says: an arrestee may defend himself against a police officer's use or imminent use of force if the arrestee believes, as much as a reasonable person in his position would believe, that the officer's use or imminent use of force exceeds the force reasonably necessary to make the arrest.
Oregon effectively is now the only state that gives a suspect charged with Resisting Arrest (ORS 162.315) an affirmative defense that they were defending themselves against what they reasonably believed was an actual or imminent unlawful use of force by a police officer.
Accompanying charges including Assault on a Public Safety Officer will likely be dismissed if the argument stands
Where is the sanity?
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8 comments:
What is more important?
Judge or Governor
Judge or Senator
Judge or congressman
THERE IS ONLY ONE CONTESTED REPUBLICAN JUDGE RACE; THE REST ARE ALL DEMOCRAT.
IF YOU ARE VOTING FOR A JUDGE, YOU ARE PULLING A DEMOCRAT BALLOT FOR THE PRIMARY and YOU ARE PART OF THE PROBLEM!
LET'S GET SOME GOOD REPUBLICAN CANDIDATES IN TO BEAT THE ASSHOLES WE COMPLAIN ABOUT EVERYDAY.
Oregon is a beautiful place to visit but the pot smoking liberals have finally worked their way into the political arena despite the bulk of the population being straight hard working citizens,,,hopefully this last bit of crazy legistion will be revoked very quickly in light of the many fine officers under attack and shot to death there and in Washington next door.
WTF!
Nothing like putting the officers in even more danger. So let's say the offender decides to defend himself, obviously it will get more physical and then the officer will have to fight to win only to possibly lose both in life and in court. Where are the watchdog groups in favor of the officers? I heard they are called unions.
I also want to thank all of the Chicago Police officers who still continue to do the job and not just show up. It takes a good officer to still work with the low morale. Also thank you to the beat 811 officers who showed up quickly to the almost fight of about 70 students at Wentworth Park. It was funny to see all of the kids running when the police came through the park. The section 8 kids all ran towards the bus stop and the rest ran home.
Be safe out there!
This ruling is complete BULLSHIT.
I can't imagine why any of our children would want to follow in our footsteps and take up Law Enforcement a profession. The High Courts and Civil Juries have
destoyed our once noble profession, even moreso than the blatant incompetence of WEISel/Masters, supported by the puppet strings from Shortshanks. God help us all!
This will be taken all the way to the Supreme Court and eventually overturned.
This is outrages! Geez I can't stand liberals! Here in our county some of the Judges and Prosecutors are of the opinion that it is "part of the job" to be assaulted and refuse to prosecute the lower end assaults on LEO.
BTW, could the author of this blog please go to the link and let us know about the status on the story at that link? Thx
http://behindthevest.com/Forum/YaBB.pl?num=1268149786/1#1
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