Wednesday, January 6, 2010

9th Circuit and Oregon Judicial Appellate are CRAZY

Yes, the 9th Circuit is a bit different. As far as Oregon goes, well, I received the following email today:

This makes things very interesting in the State of Oregon.

The Multnomah County Sheriff's Office (Portland Metro) recently sent
out a memo regarding a resisting case (State v. Oliphant) and the
affect on Oregon law enforcement. In essence the ruling says:

"An arrestee may defend himself against a police officer's use or
imminent use of force if the arrestee believes, as much as a reasonable
person in his position would believe, that the officer's use or
imminent use of force exceeds the force reasonably necessary to make
the arrest.

Oregon effectively is now the only state that gives a suspect charged
with Resisting Arrest (ORS 162.315) an affirmative defense that they
were defending themselves against what they reasonably believed was an
actual or imminent unlawful use of force by a Police Officer.
Accompanying charges including Assault on a Public Safety Officer will
likely be dismissed if the argument stands."

It is sometimes fun to be a cop in Oregon.or the 9th Circuit for that
matter. The full case can be viewed at the below link:

Later, after I posted this, a buddy wrote:

If you can open it has in one of the paragraphs that a person has the right to resist a unlawful arrest.

State v. Brannon - resisting arrest first requires an arrest :: South Carolina Criminal Defense Blog

No comments: