Interesting Texas Law ...

Jo Canadian

Council Member
Mar 15, 2005
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PEI...for now
It appears Texas is the only state in the US where it is legal to resist an illegal arrest or to resist an arrest where excessive force is being used.


:scratch: I don't understand how that law would help? You resist if you think you're innocent (but they don't know that), then they have to use excessive force to detain you...in which you still resist. Then after being pummeled into submission and brought in, and find you actually were innocent you'd still be brought up on charges for assult to a police ossifer.

Oh well. When in Rome...
 

Nascar_James

Council Member
Jun 6, 2005
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Jo Canadian said:
It appears Texas is the only state in the US where it is legal to resist an illegal arrest or to resist an arrest where excessive force is being used.


:scratch: I don't understand how that law would help? You resist if you think you're innocent (but they don't know that), then they have to use excessive force to detain you...in which you still resist. Then after being pummeled into submission and brought in, and find you actually were innocent you'd still be brought up on charges for assult to a police ossifer.

Oh well. When in Rome...

That's the whole point. You can resist arrest with whatever force is necessary if the arrest is not justified. If it turns out, your arrest wasn't really justified, then charges will be dropped.

I am certain that Texas is the only state with this law. Unusual ...?
 

Nascar_James

Council Member
Jun 6, 2005
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Re: RE: Interesting Texas Law ...

Jo Canadian said:
I was curious...Does resisting there constitute pulling out yer revolver, or just the typical punch-slap-kick-bite type of struggle??

You would surely not be justified in pulling out your revolver unless the officer has his drawn as well. Even so, it is not worth the risk as the officer would be justified in shooting for self defense.

One example I could think of is ... say you had say a toenail clipper (for the plastic type cuffs) or a handcuff key in your pocket or are one of those few (like Houdinni) who are skilled in the art of bone and muscle manipulation. As a result, you somehow figure out a way out of the handcuffs, and manage to make a clean getaway. If it turns out the initial arrest attempt was not justified, no charges of escape will be brought against you.
 

PoisonPete2

Electoral Member
Apr 9, 2005
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it is justifiable to commit a crime in order to prevent the perpitration of a greater crime. Thus it is legal to commit an assault to prevent an assault causing bodily harm. In other words if you hit an attacker who has a pistol it is self-defence. If you knock the pistol out of the attacker's hand you are not justified in stabbing him as the greater threat has been removed. however, it must be remembered that in Canada self-defence is not highly valued, especially against Police. One has the right to protect one's life at any time. Unfortunately some of our Police commit murder and get protection in a conspiracy of silence.
 

Reverend Blair

Council Member
Apr 3, 2004
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RE: Interesting Texas Law

I started resisting Walker, Texas Ranger back when he was still Lone Wolf McQuade. Such idiotic movies and tv series will rot your brain.
 

Nascar_James

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Jun 6, 2005
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Re: RE: Interesting Texas Law

Reverend Blair said:
I started resisting Walker, Texas Ranger back when he was still Lone Wolf McQuade. Such idiotic movies and tv series will rot your brain.

Hey Rev ... don't knock Chuck Norris. He's a hell of an actor....and a Republican.

Really enjoyed his "Missing In Action" movies.
 

missile

House Member
Dec 1, 2004
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Sometimes you just want to see some good old action shows,so I'll be looking at this. 65 years old! He is still in great shape. As far as i know Chuck has only claimed to be an action star,and not an actor. :D
 

GL Schmitt

Electoral Member
Mar 12, 2005
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Ontario
Re: RE: Interesting Texas Law

Nascar_James said:
... don't knock Chuck Norris. He's a hell of an actor....
I agree that his acting is hellish. I've seen better emoting in claymation cartoons.
 

Reverend Blair

Council Member
Apr 3, 2004
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Winnipeg
Really enjoyed his "Missing In Action" movies.

Oh yeah...where he went back and won the Vietnam War in a movie because you couldn't go it in real life. Are you guys going to make movies where you go back and win Iraq too?

Hey Rev ... don't knock Chuck Norris. He's a hell of an actor....and a Republican.

He's actually one of the worst actors on the planet. He isn't even up to the level of most soap opera actors. I heard he's not man enough to be a porn star. I guess that left him no choice but to be a bad actor in badly written action films.
 

Nascar_James

Council Member
Jun 6, 2005
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Oklahoma, USA
Reverend Blair said:
Really enjoyed his "Missing In Action" movies.

Oh yeah...where he went back and won the Vietnam War in a movie because you couldn't go it in real life. Are you guys going to make movies where you go back and win Iraq too?

Hey Rev ... don't knock Chuck Norris. He's a hell of an actor....and a Republican.

He's actually one of the worst actors on the planet. He isn't even up to the level of most soap opera actors. I heard he's not man enough to be a porn star. I guess that left him no choice but to be a bad actor in badly written action films.

aha ... I detect jealousy here.