You can resist excessive force during arrest. In theory.

[dcmdon]

As a relatively new resident of MA, i've made it my priority to read up on all the relevant use of force laws I can find.

I was very surprised when I read the resisting arrest law.

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter268/Section32B

The relevant text:
(b) It shall not be a defense to a prosecution under this section that the police officer was attempting to make an arrest which was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense.

I'm not saying this is advisable or will end well. Its just interesting what the law says.

Don

 

[MisterHappy]

Eurie Stamps.


https://www.washingtonpost.com/news...-swat-team-member-kills-innocent-grandfather/

 

[Palladin]

Plummer

http://www.constitution.org/uslaw/defunlaw.htm

Wilson v. State[15] discusses Plummer, depicting it as saying that it applies to the situation where the arresting officer is using excessive force such that unless the arrestee defends himself or flees, he is likely to suffer great bodily harm or death.[16] The Wilson court was careful to note that a person may not resist an unlawful arrest where the officer does not use unlawful force.[17] Other cases citing Plummer likewise noted that while a person may defend himself against an officer's unlawful use of force, they may not resist an unlawful arrest being made peaceably and without excessive force. In 1995, the Seventh Circuit Court cited Plummer, noting that the privilege exists “not because its use is necessary to protect him from an unlawful arrest, but because it is the only way in which he can protect himself from death or serious bodily harm.”[18]

 

[drgrant]

Eurie Stamps.


https://www.washingtonpost.com/news...-swat-team-member-kills-innocent-grandfather/

I don't even know if he resisted, really, he just got shot by some cop who was negligent in handling a firearm.

-Mike

 

[MisterHappy]

IIRC, he was face-down on the floor of his own home, after being rousted out of bed, by SWAT cops that had already grabbed up the nephew that they'd come for.

"Stop hitting yourself!"
-Nelson Muntz

 

[KBCraig]

Texas law is similar, in that it's justifiable to resist if "greater force than is necessary" is used before the actor offers any resistance.

But as they say, "You can't beat the rap if you don't survive the ride."

 

[whatluck]

Ehhh, I respond poorly to excessive force.