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No he is not under any obligation to follow unlawful orders.
I think I see where you're coming from (probably very presumptuous of me), but I think you're missing the point here. You're talking "legal", and some are talking "practical". As in how to stay alive to fight (in court) another day.
A crosswalk allows a person to step into the street where all cars, by law, are supposed to stop and let you cross the street. I'm here to tell you that if you step into a street with moving traffic in a legal crosswalk, and don't look each way, you're freaking crazy and have a death wish. You may be in the right legally, but if you can't anticipate the high probability of a problem here, you're not long for this world.
Same thing applies to this shooting case we're talking about. The victim may have had ever legal right to possess that gun, I truly have no idea on how things work in NC, but I will tell you, if you have a gun in your hand, and a cop tells you to drop it, you can be as legal as baseball, hot dogs, apple pie and Chevrolet....but you're on thin ice and if you don't' realize the high probability of a problem here, you're some kind of stupid. Drop the gun, remain alive, and hire a lawyer to make your legal case in court.
I think I see where you're coming from (probably very presumptuous of me), but I think you're missing the point here.
A crosswalk allows a person to step into the street where all cars, by law, are supposed to stop and let you cross the street. I'm here to tell you that if you step into a street with moving traffic in a legal crosswalk, and don't look each way, you're freaking crazy and have a death wish. You may be in the right legally, but if you can't anticipate the high probability of a problem here, you're not long for this world.
The idea that the cops can kill or arrest you for legal, Constitutionally acknowledged actions has to stop.
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Same thing applies to this shooting case we're talking about. The victim may have had ever legal right to possess that gun, I truly have no idea on how things work in NC, but I will tell you, if you have a gun in your hand, and a cop tells you to drop it, you can be as legal as baseball, hot dogs, apple pie and Chevrolet....but you're on thin ice and if you don't' realize that, you're some kind of stupid. Drop the gun, remain alive, and hire a lawyer and make your legal case in court.
That thinking has to stop. The odds are good that this many could not afford a lawyer. How about we fire cops that break laws, lie or trample on the civil rights of others?
The idea that the cops can kill or arrest you for legal, Constitutionally acknowledged actions has to stop.
It's only legal while you're standing there minding your own business with it secured in a holster. If you refuse orders from a cop and reach for the weapon when they've told you not to, it's no longer a legal action -- it's a threat to the cop's life and he is justified in using deadly force against you.
The idea that the cops can kill or arrest you for legal, Constitutionally acknowledged actions has to stop.
That thinking has to stop. The odds are good that this many could not afford a lawyer. How about we fire cops that break laws, lie or trample on the civil rights of others?
Agreed, this needs to stop! However, right now it's happening, and if you wish to be breathing tomorrow, and today you have a gun in your hot little hand, and a cop has a gun drawn on you and tells you to drop it, you have a very important decisions to make.
Your choice to make, so choose wisely. Run the odds....and see what is in your long term benefit vs the immediate satisfaction (and machismo) of ignoring the cops orders.
I might add that I have had a cop draw a gun on me once too years ago. I was legally in the clear, but it wasn't quite that obvious to the cop. Once he realized the situation, he put his gun away and we amicably chatted for a couple minutes. I told him I understood that the situation he saw me in didn't look good, so I didn't fault him for drawing on me and me having to hold my hands in the air for a couple minutes.
Since I wasn't actually doing anything wrong (I was 100% legally in the clear), perhaps you think I should have challenged him and refused to follow his orders ? That could have been a life changing event! I'd be curious to hear your opinion on how I should have reacted.
And that, my friend, is why we award people with that kind of thinking Darwin Awards.
For some it is a badge of honor to defy, resist, run, fight, etc, when an officer of the law pulls you over or confronts you. It is like a notch in the belt to act like a thug and prove your point, that nobody "dissed" you. This kind of stupid is usually the recipient of the Darwin Award. They proved their point. Unfortunately, they can't appreciate the accolades fellow thugs are rewarding them with since they are pushing up daisies.
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