Halifax police are claiming there’s more to the story, but it would seem to me that if the arrest of a teenage girl was unlawful to begin with that the tasering of the teen should also be unlawful…. don’t ya think?
Halifax police clear officers who used Taser on teen
Halifax Regional Police claim there’s more to the story of the 17-year-old girl who was shocked by a Taser when three police officers arrested her in her bedroom last February, but say they’re not at liberty to divulge details because an appeal may be launched.
Three police officers couldn’t subdue one teenage girl without resorting to a double dose of tasering?
One thing in the story that does hearten me coming from the bench is this statement
“I find the police acted outside the scope of their authority in arresting [the girl] and that she was entitled to resist and committed no offence in doing so, and I acquit her of the charges before the court.”
(emphasis mine)
Understand this clearly, it is not against the law to resist an unlawful arrest, nor is it against the law to fight against those attempting to unlawfully detain you - regardless of the uniform they may be wearing or the authority they claim to have.
Understand this clearly, it is not against the law to resist an unlawful arrest, nor is it against the law to fight against those attempting to unlawfully detain you - regardless of the uniform they may be wearing or the authority they claim to have.
While you are correct, you had better be damn sure that you are in the right before you resist. No matter what, you will be forced to prove your case in a court of law, and that costs a lot money.
I completely agree with you in your point, so don’t get me wrong, but the way our system is geared, the courts will believe the police over Joe-shmuck who cries he was arrest wrongfully.
Thankfully many Judges know when a cop is bullshitting, and I have seen Judges bend over backwards to allow Police officers to “correct” themselves. In one case the Officer who lied, even in face of hard documentary evidence which could not be refuted, the Officer continued to lie. In the end it only cost my friend $30,000.00 in legal defence fees and he no option viable option to recovering that money, but it was better than spending five years in jail for something he was innocent of.