Serious question for lawyers - what are you supposed to do if people without warrants, badges, ID, and covering their faces attempt to detain you?
Serious question for lawyers - what are you supposed to do if people without warrants, badges, ID, and covering their faces attempt to detain you?
Pray that they don’t kill you.
women know you do everything you can to not let kidnappers take you to another location. if they kill you in the street w security cameras and other potential witnesses at least you're only dead. if unknown guys in unmarked vehicles take you somewhere else you might wish they had killed you first
It definitely depends on how willing you are to get arrested or worse for the cause - especially if you don’t have a platform that would make it politically difficult to prosecute you for interfering or assaulting an officer.
When you get to the quasi fascism or fascism stage, lawyers become less helpful. Probably because some of them will make bad faith arguments about birthright citizenship, or other issues, solely to please who is in power And that gives cover to white nationalist judges, and there's a few of those.
Serious lawyer answer. Do not resist the police. Even if they are wrong that makes them right. Take your case to court. File a Bivens action. Not fighting guys with armor and guns is kind of an obvious answer.
Honest answer - that isn't a question for lawyers. It is between you and your sense of decency because the law isn't worth the paper it was printed on.
The tree of liberty thirsts, my friend. Saturday saw the largest political demonstration in the history of the country. What changed? Those of us who have witnessed the long turn of the ship of state towards the iceberg of tyranny have been girding our loins. These are the times that try men's souls
We all need to know 🙏🏽
www.justia.com/criminal/def...
Keep calm and ask: “Who are you? Am I being detained? Am I under arrest? I want to talk to a lawyer.” If possible, demand to see proof that the masked armed person is a legitimate law enforcement officer. Otherwise call for help: “Help! This person has a gun and is impersonating law enforcement.”
From what I've seen they don't seem very inclined to give out any information
In all seriousness-I’m 62 y.o. female and if this happened in front of me I would risk the resisting arrest. We are fed up and it’s time to act up. And I would want to be on EVERY news channel. They would NEVER shut me up.
Dial 911 as quickly as possible. Tell the dispatch you are being kidnapped. They will locate the call and you. Stay on the phone, let dispatch hear everything. They have to send the police.
In all seriousness-I’m 62 y.o. female and if this happened in front of me I would risk the resisting arrest. We are fed up and it’s time to act up.
Immediately dial 911 !
Masked armed men (I have yet to see a female) are physically detaining people. I am AMAZED that with so many guns in the country no one has shot them. They could be ICE they could be Proud Boys. How do we know ?
They are intentionally going after demographics that are less likely to be carrying, and also targeting people in federal buildings means they know their victims went thru a metal detector and therefore aren't currently armed.
Agree completely..amazing no one has been shot yet.
Not a lawyer, but I suspect your choices are: - Comply - Resist non-violently and get hurt or killed - Resist violently and get hurt or killed, possibly hurting or killing one of the goons in the process.
I wish he could have pulled down the guys mask.
I think the problem is in part with the word "attempt." In all the videos I'm seeing, several masked men strongarm the person into handcuffs. There is no "attempt"— it is simply done, no discussion, no rights, they're in handcuffs, detained with no recourse. Detain first, questions later.
Like Vance Boelter did in Minnesota.
Great question. I'm a progressive liberal Democrat. I also have a legal permit to carry a concealed pistol, which I do. Right-Wing 2nd Amendment hardliners might say I have a responsibility to protect myself, my family and friends and even strangers from the risk of "Death or Great Bodily Harm".
I carry a firearm legally in Florida. If armed masked men with no badges, try to grab me or anyone around me. I’m going to assume they are robbers or kidnappers and act accordingly.
Unfortunately, the best you can hope for if there are more than a couple is take one or two with you to your death if you draw your weapon.
Yeah , that pretty much sucks. Is there a Concord/Lexington moment coming?
I don't think it's coming real soon but if things keep going the way they are, I fear that might be the case. Even as a prepper/gun guy (but Leftist!) type that knows the thing about watering the tree of liberty... that's not something anyone should ever want.
Other historical analogs at are on the table if this keeps going are Years of Lead and our own version of The Troubles. Or the Balkans. “The old world is dying and the new world struggles to be born. Now is the time of monsters.”
Yes
Every time I go out I sincerely hope to avoid circumstances that lead me to drawing down and shooting someone. These masked, unmarked thugs are sure doing things to make it hard not to see something like that coming.
I agree. It’s a very bad position they are putting us all in. Stay safe; I’ll try and do such too.
Someone get the face of the a’hole in the white shirt roughly pulling people off!!!! He needs to be called out by name. Not wearing ICE or police. And very rough!!!!
This is NYC. Someone knows who the people doing this that showed their faces are. They need to be identified.
I sent this question to my fed senators. Still waiting for an answer
You record everything and let them detain you. Like, are you daredevil? Are you spiderman? Are you fighting off four armed men and making a getaway? Slim difference between thugs and cops, so treat both like being mugged. No sense getting shot.
Jesus fucking Christ
Melissa Hortman's killer/assassin was a masked armed thug who claimed to be law enforcement. Now Hortman and her husband are dead.
"Stand your ground," I'd hope. 🤞
I dunno. I thought that when a masked, unidentified, armed man attacked me I could defend myself, with deadly force if necessary. Most, at least as an academic question, would agree. And MAGAs who assume only they have guns would be wrong. It's only a matter of time before we have a shootout.
And what about in Stand Your Ground states?
There's a scary thought!
IANAL but I would call local police. At least get the incident recorded by a disinterested party. They should be able to determine whether those are really federal agents at your door
How are you going to call police while the goons have ahold of you?
Well, it's always a matter of doing your best under the circumstances. Maybe you can call on a friend to do it. Obviously, if you can't do it, there probably isn't much that you could do.
I'm also tagging in @matthewstiegler.bsky.social and @reichlinmelnick.bsky.social should they wish to respond. Aaron put out an excellent correction regarding Lander's assertion regarding warrants, and Matthew is practicing some judiciously prudent patience. READ THEIR THINGS.
I have been thinking about that too. I believe shootings will start soon & what will a court do if a legally armed person shoots an unidentified attacker in a mask that turns out to be ICE?
A judge probably wouldn’t dismiss such a case and criminal jury would most likely acquit or hang in favor of acquittal.
Jury nullification. Then federal courts will move to bench trials and with MAGA judges, the USA is over.
Sounds like they should have identified themselves and stand your ground laws hold.
I’m surprised it hasn’t happened already
Cheer, everyone will cheer; because if we continue to allow this a lot of us are going to get hurt ,gone or ...
I realize Constitutional rights might not count now, but: www.aclu.org/know-your-ri...
Call 911 and tell them you're being threatened by a gang of masked, armed men who refuse to identify themselves, and could they send the cops please? (Caveat: I am not a lawyer.)
I think the wording needs to be "law enforcement impersonators with guns" because, as to my understanding, it's a felony in just about every state.
the cops will just join in
De-arrest them
Are there any laws that say you can’t be charged with resisting arrest if there’s no way to distinguish whether someone is an officer or not?
You can’t be resisting arrest if you don’t know you’re being arrested.
That’s what I would think. It’s very legal to resist being kidnapped…wonder how it’d go in a stand your ground state
The case law that you can resist an illegal arrest is very old and probably not something anyone could rely on. However, the caselaw around resisting an attack from someone who you did not know to be a LEO is better. Although, you likely still can't beat the ride even if you can avoid the rap.
It’s this administration’s “one neat trick” to pushing us further into authoritarianism.
It would seem the natural response would be to resist. Anything different seems insane, yet we find ourselves in this insane asylum.
There are many state laws for law enforcement but no federal laws on the books about having to identify yourself if you’re being detained/arrested. This needs to change immediately
Maybe we will get some clarification as the shooting in Salt Lake City at the No Kings event gets litigated.
www.msn.com/en-us/news/u...
What I tell my students: you never let a kidnapper take you to a second location.
Even here in Europe you are, of course, allowed to defend yourself against a kidnapping with all means possible. That brings us to those 400 million guns you guys are hoarding.
Look what happened to Alex Padilla for - according to Noem - not wearing his Congressional pin. But we’re supposed to just comply with masked men with no ID who will not even communicate the reasons they are detaining us?
You're asking the wrong question... www.britannica.com/topic/fascism
Federal Officers responding to a civil disturbance are required by law to identify themselves: 10 U.S. Code § 723 www.law.cornell.edu/uscode/text/...
that's good. who's enforcing that and can they have a word with Meal Team Six?
The text of the law conveniently doesn’t specify penalties or other consequences for federal officers violating the law, and no right of action for US persons whose rights are violated
Call 911 and report an attempted kidnapping.... because that's what that is.l!
In Florida if we feel threatened we shoot them.
Know your rights and expect them to violate them -
Democratic officials are being unlawfully arrested. A Trump supporter assassinated Democratic officials. Trump has defied our courts, deported Americans, disappeared people off the streets, attacked our civil rights & slashed our services. ENOUGH! Time to act! GO TO ballotpedia.org/Elections_ca...
No responsible, ethical, AG, will prosecute this case. What for? Asking to see a judicial warrant?
If a bro in a backwards cheap hat tries to grab anyone, the first response should be to shoot. This is America.
Brad did great. Nothing can stop them. The point is to make a record so: 1) stay calm 2) state your purpose or message but not viciously 3) ask passers-by to record this 4) ask for: judicial warrant, name of cop's agency, badge number 5) do not physically fight them, you will lose
6. enjoy your time offline while at the gulag.
All of these political stunt arrests of public officials saw them released within hours because they do not have the authority to hold them on anything. This is all intimidation theatre.
But they will still have detained the immigrant he was trying to protect in the first place. There was an article I saw earlier where there's a "secret" bounty program for militia to assist in rounding them up. This is why we need to stop them.
Take a team with you. Be prepared. Stand offs make excellent TV. Resist.
@kenwhite.bsky.social any help with this?
I'd like to know too
The answer isn't great! bsky.app/profile/kenw...
And if the kidnappers turn out to be murderers, rapists or sex traffickers? Why are Republicans who have kids on board with this insanity?
Because they are the murderers, rapists, and sex traffickers.
But Isn't that only IF you know they are an "officer of the Law?"
Well, that's pure crap. Sorry state of affairs in our country when one can be kidnapped/whisked off the street by unidentified thugs in unidentified vehicles. This allows anyone to masquerade as ICE agent.
I found @kenwhite.bsky.social’s response (in 3 segments) to be pragmatic & practical in the short term. This is similar to the concept of immediate harm reduction measures. But I agree with you 💯 that it’s a sorry state of affairs indeed—one that might be more appropriate in a fascist dictatorship.
It's already happening.
This is the NRAs America… I suspect we all know the answer.
That's exactly what I'm saying. I've been carrying a revolver since 2005, just in case some bro in a backward hat tries to grab me against my will.
Shoot them
Detain their families the same way.
Call 911 and tell them there is a person impersonating a police officer with weapons.
While being beaten?
And to put the cherry on top to get them to take your call seriously say I have them at gunpoint and am about to pull the trigger. They will be responding quickly to defend their MAGA brothers.
most of the folks in masks look like off duty cops.
Choke them out?
📌
This isn't a legal question anymore.
Respond as if you are being kidnapped. Because you are.
and get tazed, maced or battered.
First rule of being kidnapped, never let them take you to a second location.
Better than ending up in El Salvador.
You’re supposed to shoot them.
What would happen if someone grabbed hats and pulled off masks, saving them for dna evidence?
The majority of them are probably already in the database for previous crimes
Hope that everyone around you keeps recording. I would say my name and information about me, and say that I am being kidnapped by armed men and my life is in danger. And I think as a bystander seeing masked ice I’m tempted to point and say “gun man! Assassin! Danger” and call the police
fast track learning of how little we are protected by laws.
there's nothing that you're supposed to do. you can't tolerate your country being like this.
Not a lawyer but I think the best answer is to shoot them and deal with it in court.
This is ridiculous already how are we supposed to stop this taking of people without any warrants! They are traitors to the Constitution!