*I am holding off on rating this due to the complexity of the subject. Whilst some of the content is technically inaccurate, it may be true from a practical standpoint - for example, ‘It is a crime, in this country, for you to defend yourself under any circumstances if the person you’re defending yourself from is a cop’ is factually untrue in terms of the law, and yet forceful resistance against excessive force is almost never found to be defensible in US courts.
In the US, officers do not need ‘probable cause’ for a traffic stop, but they do need ‘reasonable suspicion’ of criminal activity - which, while broad, is not ‘any reason’.
Source: ‘we held that the police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity “may be afoot,” even if the officer lacks probable cause.’
Whilst there have been a few occasions where police officers were found guilty of murder or manslaughter, such as Derek Chauvin for the murder of George Floyd, it is very rare. The vast majority aren’t held accountable.
Source: ‘Yet even with footage from an unblinking cellphone camera, officers usually aren’t held accountable for killing someone. A Wall Street Journal report in 2015 found approximately 1,200 people had been killed by police, but no officers were found guilty of murder or manslaughter. In 2016, several officers have gone to trial, including six in Baltimore accused of killing Gray, but so far none of them have received jail time.
That’s in large part because Initial investigations of police-involved deaths usually have to prove that an officer knowingly and intentionally killed the victim without justification or provocation, experts say. State laws give wide latitude to police when it comes to use of force‘
Source: ‘Former Minneapolis police Officer Derek Chauvin was sentenced Friday to 22 ½ years in prison for the murder of George Floyd,’
The fourth paragraph seems to be referring to Civil Forfeiture. It is more complex than stated in the post; the government does have to prove in court that the property is linked to a crime, although the standard of proof varies in different states. A South Carolina judge has ruled it as unconstitutional.
Source: ‘Civil Judicial Forfeiture: An in rem (against the property) court proceeding brought against property that was derived from or used to commit an offense, rather than against a person who committed an offense. Unlike criminal forfeiture, there is no criminal conviction required, although the government is still required to prove in court that the property was linked to criminal activity.’
Source: ‘John’s ruling in Horry County went far beyond the Supreme Court ruling, declaring that South Carolina’s forfeiture statutes violate the Fifth, Eighth and Fourteenth Amendments of the U.S. Constitution and the sections 3 and 15 of the S.C. Constitution.
If money or property is seized, it’s up to the owner to claim it and fight to get it back. The owner must bear the cost of a lawyer, and the burden is on them to prove there’s no connection to criminal activity.‘
You do legally have a right to defend yourself against excessive force or unlawful arrest from police officers. Despite this, US courts rarely find forceful resistance to be defensible.
Source: ‘It’s rare that someone being placed under arrest has the right to forcefully resist. But in most states, if the arresting officer uses excessive force that could cause “great bodily harm,” arrestees have the right to defend themselves. That’s because most states hold that an officer’s use of excessive force amounts to assault or battery, which a victim has a right to defend against.
[…] if a reasonable person would have felt it necessary to resist in self-defense, and if that person used a reasonable degree of force when resisting, the resistance is typically justified. But this is a very high standard to meet—so high that courts hardly ever find that an arrestee’s forceful resistance was defensible.’
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