Illegal Arrest Transcript

Do you have the right to use force in an illegal arrest by a police officer? This question frequently comes into play in charges that stem from either obstructing a police officer or resisting arrest. In the state of Nevada, by common law you have a right to resist an illegal arrest. However, the practical matter is you should try and assert those types of rights in a court of law.

Unfortunately, many times, an officer may use excessive force. But resisting an individual as a police officer or even as a security officer can result in serious bodily harm. Officers believe that they have the right to use what forces necessary and what forces are dictated by the actions of the individual that they come they come into contact with. So merely based upon the fact that an officer may have bumped you or unintentionally struck you, you still don’t have the right to use force to repel that officer.

In addition, if in fact, you were found to use excessive force, if becomes a much more serious offense of battery on a police officer which escalates to a gross misdemeanor. So the best thing to remember is to use the proper respect with the police officer if in fact, you’ve become placed under arrest, you have to comply with the officer’s orders irregardless of whether you think that you have committed a crime or not.