police4aqi

Police, The Fourth Amendment, Qualified Immunity

Legal under Mississippi law to resist an unlawful arrest

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Case: Holloway v. LAMAR COUNTY, Dist. Court, SD Mississippi 2016

Quote:

Furthermore, to succeed on their argument that they had probable cause to arrest for a resisting arrest offense, Defendants must prove that they had probable cause to arrest on an antecedent offense. Because MISS. CODE ANN. § 97-9-73 only makes it illegal to resist a lawful arrest and because there was no probable cause to arrest for an antecedent offense, there can be no probable cause to arrest for resisting an unlawful arrest made without probable cause.

Written by Burgers Allday

April 13, 2016 at 3:47 pm

Posted in Uncategorized

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