When they turn on their emergency lights, you are under arrest, and there is no obligation to tell you why you're under arrest prior to making sure that you're properly detained. Hell, they don't have to tell you what you're being charged with until you're standing in front of a judge on your initial appearance.
Yes and no, the above is due to political corruption, and not of the result of the Constitution, or any law that is constitutional. For an arrest to be lawful, the officer must have reasonable articulable suspicion that a crime has been committed. In order for the arrestee to know that the arrest is lawful, and to obstruct the investigation and or resist the arrest, they have to be told why they have been arrested or detained. Otherwise any obstruction and or resisting arrest charges will be dropped, and the arresting officer is likely to be fired, especially if the incident makes it to the public consciousness via recordings of the incident being spread online.
It's functionally the same issue as using lethal force to defend yourself against an assailant with a rubber gun. You had no way of knowing they weren't actually a threat, as such any attempt to charge the defender with murder/manslaughter etc. will ultimately fail, if it's even attempted at all.
This is why almost all officers will just tell you the reason for detainment after exchanging a few pleasantries. Most of the time, you won't even need to ask.
Most officers aren't going to shoot you for only rolling your window part of the way. Most officers aren't going to shoot you for requesting the reason for the stop before turning over your ID. Most officers won't even shoot your for resisting arrest, they will beat the shit out of you however. The only officers you have to worry about killing you over minor things are the freak shows, and they were going to find a reason to shoot you regardless. So you're only option for them is body armor and a weapon for when they inevitably try to kill you.
s23erdctfvyg 0 points 1 year ago
Yes and no, the above is due to political corruption, and not of the result of the Constitution, or any law that is constitutional.
For an arrest to be lawful, the officer must have reasonable articulable suspicion that a crime has been committed. In order for the arrestee to know that the arrest is lawful, and to obstruct the investigation and or resist the arrest, they have to be told why they have been arrested or detained. Otherwise any obstruction and or resisting arrest charges will be dropped, and the arresting officer is likely to be fired, especially if the incident makes it to the public consciousness via recordings of the incident being spread online.
It's functionally the same issue as using lethal force to defend yourself against an assailant with a rubber gun. You had no way of knowing they weren't actually a threat, as such any attempt to charge the defender with murder/manslaughter etc. will ultimately fail, if it's even attempted at all.
This is why almost all officers will just tell you the reason for detainment after exchanging a few pleasantries. Most of the time, you won't even need to ask.
Most officers aren't going to shoot you for only rolling your window part of the way. Most officers aren't going to shoot you for requesting the reason for the stop before turning over your ID. Most officers won't even shoot your for resisting arrest, they will beat the shit out of you however.
The only officers you have to worry about killing you over minor things are the freak shows, and they were going to find a reason to shoot you regardless. So you're only option for them is body armor and a weapon for when they inevitably try to kill you.