How is it an urban myth?
Your Miranda warning is mandated from 1996 on in
Miranda v. Arizona, and was upheld by
Dickerson v. United States. True, it only applies if you've been arrested, not detained, but once you're actually arrested for the claim, you're covered.
Quote:
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Originally Posted by Godslayer Jillian
You know, that now makes me wonder. If you did nothing wrong but they try to arrest you, then they can arrest you because you're resisting arrest. But if there was no reason to be arrested in the first place so that you might have resisted it, then what would the court decision be?
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The only thing I know about that is this:
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
And:
“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).
However:
I am not a lawyer, so I can very well be wrong, this isn't legal advice, everything I say is a lie, informational purposes only, etc, etc. And for the love of all that's good, most police officers aren't trying to screw you, so try and walk in with a good attitude.