Protests feature demands, die-ins – CNN.com

America has grown tired of un-necessary Police killings . . .

Protests feature demands, die-ins – CNN.com

Sometimes I feel it necessary to play the role of “Devil’s Advocate” on certain topics because it seems as though people do not see clearly on certain topics. This is one such topic. I am sorry that the people involved in these situations were killed by police, and I do not condone the acts leading up to the deaths of these people but somebody has to accept the responsibility for these deaths.

In almost every case where a Law Enforcement Officer is accused of murder, brutality, or un-necessary force that has led to the death of a person, the responsibility of that person to comply with the Officer making the arrest seems to be forgotten.

When an Law Enforcement Officer or a Private Person attempts to place another person under arrest, it is the person being arrested that has the responsibility to comply and allow the arrest, regardless of guilt or innocence. The person making the arrest never makes the determination of guilt or innocence, but only makes the required arrest. The Courts make the determination of the legality of the arrest as well as the guilt or innocence for the crime arrested for. In other words the person being arrested is supposed to comply with the arrest and challenge any legality for the arrest in the Courts. This is the way it is supposed to be

The laws as they pertain to Law Enforcement is quite simple. See the following from the California State Penal Code: (Laws are similar nation-wide)

 

835. An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for his arrest and detention.

835a. Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance.

A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.

This makes it the responsibility of the person being arrested to comply with the arrest or, the officer has the right to use reasonable force to effect the arrest. It continues to remove the police officer from the position of the aggressor when using force to overcome the person being arrested.

What all of this means is if you are being arrested you have a decision to make. Comply or risk being injured or killed due to your resistance. And, that decision is made by you not the Law Enforcement Officer. An officer that is overly aggressive when you comply with the arrest has violated a separate law and can be held accountable for such abuse. If you, as an adult, make a decision to resist arrest in any fashion . . . You have made a decision that could lead to your being harmed and/or killed. This is your decision.

We can “armchair quarterback” every one of these cases, but the result will likely be the same. The situation was and is avoidable by simply complying with the arrest and letting the matter be resolved by the Courts. And NO, I do not thin any of these people should have been killed. But, the Cops involved did not make the decision to resist for any of these people. If you watch Mr. Garner in the video, can you tell me when he surrendered? Can you show me where he told the officer that he was going to comply? All Garner had to do was turn away from the officer and allow himself to be handcuffed, he would be alive today.

What makes Mr. Garner’s shit poor decision to resist a reason for people to protest? Is this where we as a people decide that two wrongs make a right. ALL GARNER HAD TO DO WAS ALLOW HIMSELF BE ARRESTED! That was his personal responsibility, not yours or mine and not the police officer’s. Garner made the choice knowing damn full well that he had the responsibility to comply. Does being Black give a person different rights and responsibilities than other races? No, it does not. What this situation proves is that we as a society are sheep, ready to follow any cause that sounds good. Garner made the decision to resist arrest. It is a shame he is dead, but his decision is why he is dead. Are you so stupid as to support his decision and lead others to believe that they should also resist arrest?

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