Just isn’t demonstrated by what we see, maybe a really indulgent judge or highly partisan jury could twist themselves into that Knot but nothing the cops do seems to cross the Assuming I’m Just An Old Lady Was Your First Mistake Snowmobile Halloween shirt from “Effective enforcement” into “wanton brutality”… also its really hard to argue generally… if Rodney king went all John Wick on the cops who beat him half to death, he’d have to do it before they beat him half to death ie. before he has reason to suspect he’s about to become Rodney King…its not impossible, the cop could say something really F’d up… or you could start taking the beating then escape your cuffs… or someone could intervene.
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Is interesting in that it clearly must apply in some circumstance (a father presumably doesn’t have Assuming I’m Just An Old Lady Was Your First Mistake Snowmobile Halloween shirt while his daughter is subjected to a random/warrantless/public 3 hour cavity/strip search at gun point (strip searches, cavity searches, and holding a suspect at gunpoint all being lawful police tactics that become illegal if done unjustifiably))… but I’ve never heard it formalized when/how “normal” police behaviour become criminal civilian behaviour if done unjustifiably and when that activates citizens self defence rights…. courts seem to have been rather frightened of the question.