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Here is a concept I want all people to understand. (FYI: I've been law enforcement in multiple capacities. I studied criminal justice. I've graduated FLETC)
In none of these studies were the following taught: That a police officer can use force to make a citizen comply.
You can use force to protect yourself, protect others or to enact an arrest if the person is resisting.
What you can't do is use force to make a citizen comply and then say you are arresting the citizen for resisting arrest.
In that case you aren't arresting the citizen for breaking a law. You are arresting them because they didn't listen to you.
Police can only give lawful orders. An order is lawful if 1. There is a law giving the police the right to give that order. 2. Court precedent for the order. E.g. Do not drive more than 55 mph. Doing so is speeding. The cop can give this order because there are city/state ordinances for speed limits. E.g Step out of your vehicle. There is SCOTUS precedent case law stating that an officer may ask you to exit your vehicle during a traffic stop.
Police can't make you follow commands that are not lawful. A command isn't lawful if there isn't a law or court precedent to back it. E.g. Roll down your window. There isn't a court precedent for this. So unless there is a local law this command can't be forced. E g. Turn down your radio. Again no court precedent so unless there is a local law or ordinance it isn't lawful.
Another example common is if a police shows up at your house and ask you to open the door, unless they have a warrant, you do not have to open the door.
They may get upset about talking through the door. They may threaten to kick the door down and bring SWAT. However there is no court precedent saying you must open the door. If they had a warrant they wouldn't be asking you to open the door they'd just kick it down.
The problem that arises once you open the door is this. If you open the door and then decide you don't want to talk to the police anymore and want to close the door. If that officer has put his foot in the door you have no way to make him move his foot.
If you try to close the door with his foot there he can say assault on a police officer and arrest you. At that point he will be able to come into your house and search it secondary to the arrest.
If you touch him in any way to try to make him move his foot, same thing, He will say assault on the police officer and arrest you.
You can avoid this situation by simply not opening the door. If all they want to do is talk they can do this through a closed door.
If the police are hyped up with my getting past the door and are going to violate your rights, leave the door closed. Make them go all the way through with it. Once they kick the door down don't resist at all. Allow them to do whatever they are going to do.
You were going to have a multi-million dollar lawsuit.
In none of these studies were the following taught: That a police officer can use force to make a citizen comply.
You can use force to protect yourself, protect others or to enact an arrest if the person is resisting.
What you can't do is use force to make a citizen comply and then say you are arresting the citizen for resisting arrest.
In that case you aren't arresting the citizen for breaking a law. You are arresting them because they didn't listen to you.
Police can only give lawful orders. An order is lawful if 1. There is a law giving the police the right to give that order. 2. Court precedent for the order. E.g. Do not drive more than 55 mph. Doing so is speeding. The cop can give this order because there are city/state ordinances for speed limits. E.g Step out of your vehicle. There is SCOTUS precedent case law stating that an officer may ask you to exit your vehicle during a traffic stop.
Police can't make you follow commands that are not lawful. A command isn't lawful if there isn't a law or court precedent to back it. E.g. Roll down your window. There isn't a court precedent for this. So unless there is a local law this command can't be forced. E g. Turn down your radio. Again no court precedent so unless there is a local law or ordinance it isn't lawful.
Another example common is if a police shows up at your house and ask you to open the door, unless they have a warrant, you do not have to open the door.
They may get upset about talking through the door. They may threaten to kick the door down and bring SWAT. However there is no court precedent saying you must open the door. If they had a warrant they wouldn't be asking you to open the door they'd just kick it down.
The problem that arises once you open the door is this. If you open the door and then decide you don't want to talk to the police anymore and want to close the door. If that officer has put his foot in the door you have no way to make him move his foot.
If you try to close the door with his foot there he can say assault on a police officer and arrest you. At that point he will be able to come into your house and search it secondary to the arrest.
If you touch him in any way to try to make him move his foot, same thing, He will say assault on the police officer and arrest you.
You can avoid this situation by simply not opening the door. If all they want to do is talk they can do this through a closed door.
If the police are hyped up with my getting past the door and are going to violate your rights, leave the door closed. Make them go all the way through with it. Once they kick the door down don't resist at all. Allow them to do whatever they are going to do.
You were going to have a multi-million dollar lawsuit.
