Why shouldn't you run away from the cops when falsely accused?

Mark CMG · Mar 8, 2012

Janx said:
Why shouldn't you run away from the cops when falsely accused?

Ranged weapons.

Elf Witch · Mar 8, 2012

JRRNeiklot said:
Actually, resisting a wrongful arrest is not a crime. Caveat - you don't have to be guilty to be arrested. But happening to be on the street when the store was robbed is no justification for an arrest.

No it is not. But if the police come to take you down to the station and you run that is resiting arrest and a crime. And they can prosecute you for that if they choose even if they don't charge for the crime they came to arrest you for in the first place.

If you mouth off at the police officer outside the store and refuse to answer questions or show ID when asked you may find your self slapped in cuffs for obstruction.

In real life it pays to cooperate politely with law enforcement. Though if you are formally questioned for a crime always always ask for an attorney to be present.

Kaodi · Mar 8, 2012

I can imagine that if the crime in question is the murder of a cop, you are definitely going to be shot at if you run, but co-operation could still lead to completely atrocious behaviour by cops and security guards, depending on how sketchy the local justice system is.

JRRNeiklot · Mar 9, 2012

The law varies by state, but you generally have the right to resist unlawful arrests. Without reasonable suspicion, an arrest cannot be made.

“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).

“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).

“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).

trancejeremy · Mar 9, 2012

Bear in mind, laws are pretty much only valid if you happen to have a lawyer present. Otherwise it's your word vs the police, and who are the courts going to believe?

I had my place raided by police for drugs several years ago. (I have allergies, so apparently they though I ran a meth lab on two packs of Actifed a month).

They detained me outside in the rain and wouldn't let me go back inside unless I consented to a search. They also threatened to shoot my dogs. So of course, on record, I consented to the search, but they forced me to do it.

And that's not even my worse experience with police...

Not to delve too much into politics, but the US has the most people in jail per capita in the world. No one is even remotely close. If you really think police care too much about who they put away, you're kidding yourself.

And beyond that, the site of people in body armor and heavy weapons glaring at you suspiciously really does kick in the Fight or Flight instinct. And then of course, they always ask, "If you have nothing to hide, why are you so nervous?"

Yeah, a dozen people in body armor on your porch bristling with weaponry is a comforting sight. And a helicopter circling overhead.

Kzach · Mar 9, 2012

On the one hand, I've been falsely accused of a serious crime and it ruined my life. I had to leave school because of it and ended up hated by an entire school and faculty. So that would definitely be playing through my mind as a fear should I be falsely accused of something.

On the other hand, I'm an avid watcher of COPS, and every time someone runs I'm like, "You dumb pooh-head! They ALWAYS catch up! And then they taser your arse!"

So... umm... not sure, to be honest.

Jhaelen · Mar 9, 2012

Janx said:
The situation:
you've been falsely accused of a crime. The cops have just shown up to arrest you. Should you stay or run for it?

The real world answer is easy (in most areas of the world - for exceptions, see below): Don't even think about resisting arrest.

Janx said:
However, the oft unstated counter argument is that if the authorities are so inept or corrupt as to move forward on false information to authorize an arrest, what kind of justice are you really expecting to see?

If you truly believe that, why are you still in that country?

There are certainly countries in which allowing yourself to get arrested may be as bad as trying to resist arrest, but luckily I don't live in one.

The answer for roleplaying games depends on the kind of setting/gameplay: In your typical (super-)heroic D&D setting, the 'authorities' are (or will soon become) pushovers for the protagonists, so there's little risk involved in resisting them.

However, unless the 'heroes' are currently in a corrupt (or evil) country it may still be a bad idea. Overthrowing corrupt/evil countries, however, is one of the popular tropes of stories/rpg games.

Kaodi · Mar 9, 2012

trancejeremy said:
Not to delve too much into politics, but the US has the most people in jail per capita in the world. No one is even remotely close. If you really think police care too much about who they put away, you're kidding yourself.

Though it is only anecdotal evidence, I met a cop once who told me that it was not the job of the police to care whether a person was guilty or not. That was " the judges' job " . Needless to say, I find it a lot easier to understand why police brutality is so prevalent now.

This was in Canada, but I doubt that police culture, when you get down to essential elements, is that different in the two countries.

Janx · Mar 9, 2012

Jhaelen said:
If you truly believe that, why are you still in that country?

There are certainly countries in which allowing yourself to get arrested may be as bad as trying to resist arrest, but luckily I don't live in one.

If a person is being arrested (not just questioned) under a false cause, there ahs been a breakdown in the system. it might be local (crooked or stupid law enforcement) or it might be systemic. Either way, once it starts, there's no Perry Mason or Mattlock to come save your butt.

Until it happens to you, I suspect it's not a concern that reaches high enough on the "I gotta move out of this place" scale.

that said, there are plenty of countries with worse legal systems (true for everybody who doesn't live in the WORST place, but they probably don't have internet). I think that would be a question for them. Why do they remain in CrappyLand? I suspect it's not a simple problem.

Elf Witch · Mar 9, 2012

JRRNeiklot said:
The law varies by state, but you generally have the right to resist unlawful arrests. Without reasonable suspicion, an arrest cannot be made.

“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).

“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).

“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).

The thing is reasonable suspicion can mean a lot of things.

If someone accuses you of a crime that is reasonable suspicion.

If you were a witness to a crime and refuse to cooperate by even giving the cop your name you can be charged with obstruction. If you lie to a cop during an investigation you can be charged for that.

It is the same as searching your car without a warrant if a cop has probable cause he can search it. Probable cause can be he smelled pot.

for the most part cops just don't go around arresting people just out of the blue.

Unless you live in a country where getting arrested mean no justice what so ever you should not run or resist even if you are innocent. The law in the long run maybe on your side but is it worth the possibility of being roughed up, tasered, pepper sprayed or even shot?

Let them arrest you demand an attorney and then sue for wrongful arrest.