IF YOU GET ARRESTED AND RUN FROM THE COPS ARE THEY ALLOWED TO BEAT YOU UP?

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IF YOU GET ARRESTED AND RUN FROM THE COPS ARE THEY ALLOWED TO BEAT YOU UP?

Asked on June 22, 2009 under Criminal Law, New Jersey

Answers:

Martin Matlaga / Martin D. Matlaga, Esq., LLC

Answered 12 years ago | Contributor

In New Jersey, you cannot resist even an unlawful arrest. You can use reasonable force to resist

unlawful physical force by the police. If you have been arrested, then you run from the police, you

are resisting arrest/eluding the police officer. They can use reasonable force to recapture you after

you have run away, but they cannot pulverize you. Not all, but some, police officers use "actions"

by suspects as an excuse to beat the (you know what) out of them, then charge the suspect with

Resisting Arrest to cover themselves. Have someone take photographs of your injuries

immediately (before they heal) and gather all possible eyewitnesses.

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT.  Police officers are only allowed to use reasonable force to place a person under arrest/in hand-cuffs.  If the person fought or struggled with them, the chances are that the police will be extremely rough to a point where it is questionably excessive.  When you resist arrest however, you are inviting the police to use excess force and most likely get away with it.  However, if you do not resist, and the police beat you up, then you may have a claim for a violation of your civil rights.  I would have to know more details to help.  You should contact a lawyer immediately and take good pictures of the injuries.


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