Oliphant Vs. Oregon

Discussion in 'Cop Talk' started by skorper, Feb 4, 2010.

  1. skorper

    skorper harborrat

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  2. SPDSNYPR

    SPDSNYPR Zippy's Friend.

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    I don't work in Oregon so I don't care when one more of the west-coast hippy ******bag courts make a ruling that will eventually be overturned by a higher court.
     

  3. skorper

    skorper harborrat

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    We used to take for granted the higher courts conservative bent. Not so much anymore.

    This could end up in the Ninth Circuit Court of Appeals.
     
    Last edited: Feb 4, 2010
  4. skorper

    skorper harborrat

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    And what is the supposedly similar ruling in Florida? I hadn't heard of it.
     
  5. spdski

    spdski NRA Life Member CLM

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    How exactly?
     
  6. skorper

    skorper harborrat

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    I believe that the Ninth Circuit Court of Appeals has jurisdiction at the federal Appellate level there.
     
  7. spdski

    spdski NRA Life Member CLM

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    This seems like an issue interpreting state law.

    I didn't read it carefully, but I saw no discussion of federal constitutional issues. No federal issue = no federal jurisdiction. Additionally, even if there was a federal issue in this case, an appeal from the State Supreme Court would go directly to the United States Supreme court, not the Circuit Court of Appeals.
     
  8. Gangrel

    Gangrel

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    The law is similar in Texas. You can't resist an unlawful arrest, but you can resist an unlawful use of force. Only to the extent that the force is discontinued, though.
     
  9. skorper

    skorper harborrat

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    My bad. Not a federal civil rights issue.
     
  10. lawman800

    lawman800 Juris Glocktor

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    It just keeps getting better, don't it?
    I forget the timeframe, but Nevada courts have ruled once that a person can resist unlawful arrest and force by LE with deadly force. This was in the early 90s sometime when a POS resisted arrest and shot the cop dead but the courts believed him when he asserted self-defense against the cop who was using force to arrest him. Not sure what the current state of law is there since I don't live there but it made a few waves.