Wednesday, December 10, 2014

How About They RE-Pass the Law

Here's a bright idea - maybe someone in Springfield (probably a Republican) can introduce a Bill to re-legislate the Use of Force law since no one in the media, the churches, the gangs and the City Council seem to understand it. Here's a refresher - we'll underline the interesting parts:
  • (720 ILCS 5/7-5)(from Ch. 38, par. 7-5)

    Peace officer's use of force in making arrest.

    (a) A peace officer, or any person whom he has summoned or directed to assist him, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. He is justified in the use of any force which he reasonably believes to be necessary to effect the arrest and of any force which he reasonably believes to be necessary to defend himself or another from bodily harm while making the arrest. However, he is justified in using force likely to cause death or great bodily harm only when he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or such other person, or when he reasonably believes both that:

    (1) Such force is necessary to prevent the arrest from being defeated by resistance or escape; and

    (2) The person to be arrested has committed or attempted a forcible felony which involves the infliction or threatened infliction of great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that he will endanger human life or inflict great bodily harm unless arrested without delay.

    (b) A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which he would be justified in using if the warrant were valid, unless he knows that the warrant is invalid.

    (Source: P.A. 84-1426.)
The police are under no obligation to retreat in the face of resistance. In fact, the words "any force...necessary" appear prominently in the law for a reason. And not to put to fine a point on it, two sections later, the legislature saw fit to put on paper exactly what the obligation of the public is:
  • (720 ILCS 5/7-7)(from Ch. 38, par. 7-7)

    Sec. 7-7. Private person's use of force in resisting arrest. A person is not authorized to use force to resist an arrest which he knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if he believes that the arrest is unlawful and the arrest in fact is unlawful.

    (Source: P.A. 86-1475.)
 We're pretty sure every single state legislature across the nation has a similar section. It doesn't matter what you think, it doesn't matter what you know, you may not lawfully resist arrest. The Civil Courts exist to redress these wrongs and affix blame, not the loudest voice on scene.

Maybe the FOP should be pushing this.

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20 Comments:

Anonymous Anonymous said...

But what about Bad Elk vs. United States?

12/10/2014 02:30:00 AM  
Anonymous Anonymous said...

FOP push for this? HA! They are too busy pushing to evaporate the 200k lawsuit against recording sec. greg Bells and give him a 50k salary for only working 24 hours a week and giving misinformation. This was discussed at the unit rep Christmas party tonight. And dinner sucked. Thanks for nothing dean.

12/10/2014 02:44:00 AM  
Blogger The Keesing Bandit said...

Since when did our legislators give a rat's ass about the law?

No keeses for them.

12/10/2014 05:22:00 AM  
Anonymous Anonymous said...

"A person is not authorized to use force to resist an arrest..."

...unless that person is a black man who just wants some free cigars or wants to be just left alone and is tired of racist police messing with them or wants to try for a ghetto lottery payout so to provide for his family that which he would never earn on his own; minimum wage being what it is.

12/10/2014 07:05:00 AM  
Anonymous Anonymous said...

What a fucking scumbag

12/10/2014 07:08:00 AM  
Blogger SCC said...

But what about Bad Elk vs. United States?

And you certainly read the part where most states have legislated that law out of existence? That everyone agrees it was a bad decision from 1900?

12/10/2014 07:45:00 AM  
Anonymous Anonymous said...

"John Bad Elk" kills fellow tribal Police Officer "John Kills Back".

You cant make this shit up. Perhaps if "John Kills Back" had only chosen a different name History might be different.

Like maybe "John Loves Elk". Or "John hugs John".

12/10/2014 08:19:00 AM  
Anonymous justAgirl said...

Had a judge explain to an offender that they cannot fight and resist the police as they are attempting to place you under arrest. Then the Judge found them "GUILTY" of resisting, obstructing and battery to P.O.'s! Nice work Judge! And the dumbfounded look on the face of the offender, her family and friends, PRICELESS :)

12/10/2014 08:20:00 AM  
Anonymous Anonymous said...

Our neighbors in Indiana have the lawful right to resist any UNLAWFUL arrest including using deadly force to resist the UNLAWFUL arrest. Of course, the one deciding it is unlawful is the citizen doing the shooting. If the citizen is found to have made a mistake I suppose the Indiana legislators will revive the dead officer. Not sure how this applies to mistaken identity or raiding the wrong address.

12/10/2014 08:40:00 AM  
Anonymous Anonymous said...

I'd post this on my facebook but there's no way to get it there..

12/10/2014 11:41:00 AM  
Anonymous Anonymous said...

You could just as easily have underlined this section:

"However, he is justified in using force likely to cause death or great bodily harm only when he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or such other person, or when he reasonably believes both that:

(1) Such force is necessary to prevent the arrest from being defeated by resistance or escape; and

(2) The person to be arrested has committed or attempted a forcible felony which involves the infliction or threatened infliction of great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that he will endanger human life or inflict great bodily harm unless arrested without delay."

12/10/2014 12:04:00 PM  
Anonymous Anonymous said...

I believe Indiana allows a person to resist arrest IF the arrest is unlawful. But do we entrust the street scholar to judge whether an arrest is lawful or not at the time of the arrest?

12/10/2014 12:13:00 PM  
Anonymous Anonymous said...

Why not publish the use of force continuum so that all can understand use of force....

12/10/2014 05:11:00 PM  
Anonymous Anonymous said...

Anonymous said...
FOP push for this? HA! They are too busy pushing to evaporate the 200k lawsuit against recording sec. greg Bells and give him a 50k salary for only working 24 hours a week and giving misinformation. This was discussed at the unit rep Christmas party tonight. And dinner sucked. Thanks for nothing dean.

12/10/2014 02:44:00 AM

$$$$$

Let me guess you ran in the last election and lost?

12/10/2014 09:53:00 PM  
Anonymous Anonymous said...

When I tell people that they are not authorized under Illinois law to resist arrest, even if they think the arrest is invalid, they are surprised to find this out. They never knew. Seems this should be taught in grades K thru 12. This bullshit that you can resist arrest is a notion perpetrated on the public by liberals.

12/11/2014 12:34:00 AM  
Anonymous Anonymous said...

The media/news/newspapers should post this. Why is it so hard to put this info out for the public? Why is this not "common" knowledge? Why hasn't Rahm or McCarthy addressed the media w this info. Put it on the radio as a public service announcement. Great post scc.

12/11/2014 02:14:00 AM  
Anonymous Anonymous said...

When I tell people that they are not authorized under Illinois law to resist arrest, even if they think the arrest is invalid, they are surprised to find this out. They never knew. Seems this should be taught in grades K thru 12. This bullshit that you can resist arrest is a notion perpetrated on the public by liberals.

You forgot that they would have to go to school, it would need to be taught in 10 different languages and CPS is where this will be taught. Oh and the teachers union catered lunch for the city hall protesters.

12/11/2014 07:38:00 AM  
Anonymous Anonymous said...

Anonymous said...
FOP push for this? HA! They are too busy pushing to evaporate the 200k lawsuit against recording sec. greg Bells and give him a 50k salary for only working 24 hours a week and giving misinformation. This was discussed at the unit rep Christmas party tonight. And dinner sucked. Thanks for nothing dean.

12/10/2014 02:44:00 AM


They used to put on a great dinner of Harringtons corned beef and cabbage and all the trimmings and pie. Shields killed that, damnit,

12/11/2014 05:02:00 PM  
Anonymous Anonymous said...

Anonymous said...
When I tell people that they are not authorized under Illinois law to resist arrest, even if they think the arrest is invalid, they are surprised to find this out. They never knew. Seems this should be taught in grades K thru 12. This bullshit that you can resist arrest is a notion perpetrated on the public by liberals.

12/11/2014 12:34:00 AM

Indiana residents can legally resist an arrest while in their home if they believe the arrest is unlawful. Indiana Code 35-41-3-2a. Bill drafted by republican legislature;signed into law by republican governor. Wake up!!! You are the government they despise!!

12/12/2014 12:28:00 AM  
Anonymous Anonymous said...

Anonymous Anonymous said...
Anonymous said...
FOP push for this? HA! They are too busy pushing to evaporate the 200k lawsuit against recording sec. greg Bells and give him a 50k salary for only working 24 hours a week and giving misinformation. This was discussed at the unit rep Christmas party tonight. And dinner sucked. Thanks for nothing dean.

12/10/2014 02:44:00 AM


They used to put on a great dinner of Harringtons corned beef and cabbage and all the trimmings and pie. Shields killed that, damnit,

12/11/2014 05:02:00 PM

Get promoted. The sgts still do it every February.

12/12/2014 11:19:00 AM  

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