Serious question about physically resisting the policeSubmitted by buddy201 on Fri, 04/26/2013 - 21:43
So I have seen a few Youtube vids of citizens legally open carrying and have had their rights violated by the police.
To preface my question I want to state that police are not above the law and are not allowed to violate the law.
To compare my question to a more simplistic and less contentious example, if you were walking down the street drinking a bottle of water and a police officer stopped you, demanded you show your ID, and demanded that he check your water so that he knew you were not drinking, say, vodka, we all know that would be illegal of him to do so as long as you were not violating some other law and he did not have reasonable suspicion that you were drunk. You could resist, and I assume and even physically resist. Say its all on video and your case is easily provable in a court of law.
Now, if you were openly carrying and not violating any laws whatsoever, and a police officer demanded you show your ID, and tried to take your gun for "his security", could you physically resist, even violently resist the officer? Say its all on video and your case is easily provable in a court of law.
My question is would this violent resistance be legal? I've never heard of this type of resistance occur before.
Please stay within the given hypothetical and not post comments such as, "Well, the officer would lie and make something up and you'd be screwed" or something to that effect.