police self-defense assault arrest
Would it have been legal to step in and prevent the death of George Floyd? (Interfere with arrest to save a life)
<p>I know this is a viral topic right now but I don't mean to ask it simply for the sake of hype and controversy. I am genuinely curious about it. If this question isn't appropriate here, please advise me of a better place to ask it.</p>

<p>Here you can see the arrest of George Floyd (warning, potentially disturbing): <a href="https://www.liveleak.com/view?t=sSeWL_1590561430" rel="noreferrer">[Link]</a>. In the video you can see the officer lethally pinning Mr. Floyd on the ground. It seems neither of the two officers were aware that Mr. Floyd would soon die because of the pinning. Many of the bystanders were worried that Mr. Floyd was being seriously hurt, but it's hard to say if any of them <em>knew</em> that Mr. Floyd was in grave danger. In any case, none of the bystanders were able to interfere because either they then would be arrested, or the police might then have justifiable reason to shoot and kill them.</p>

<p><strong>Question:</strong> Suppose you were a bystander and you 100% knew that if the officer (Derek Chauvin) continued to pin Mr. Floyd with his knee on the ground, Mr. Floyd would die. Is there any way you could legally interfere and save his life?</p>

<p>For example, would it be okay to step forward, announce something like:</p>

<blockquote>
  <p>"Officers I am completely unarmed. The way you are pinning that man is lethal (for XYZ reasons) and he will soon die if you continue. Please detain him in a non-lethal way."</p>
  
  <p>(*wait 10 seconds)</p>
  
  <p>"Please stop or I will push you off. Once again I am totally unarmed (*show hands). I only wish to prevent you from unknowingly killing this man."</p>
  
  <p>(*wait 10 seconds)</p>
  
  <p>"I am now going to push you off." (proceed to push the officer off Mr. Floyd)</p>
</blockquote>

<p>It is premature to judge the particular case because the facts are not all available. But we can address the general principles. The <a href="http://individual.utoronto.ca/dubber/web/website/genjust/Model_Penal_Code.htm" rel="nofollow noreferrer">Model Penal Code 3.04(2)(a)</a> sets out the general principles clearly. A person has the right to self-defense against unlawful force. But, the use of force is <em>not</em> justifiable to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful. But more specifically under (b)</p>

<blockquote>
  <p>The use of deadly force is not justifiable under this Section unless
  the actor believes that such force is necessary to protect himself
  against death, serious bodily harm, kidnapping or sexual intercourse
  compelled by force or threat</p>
</blockquote>

<p>However, there is a further condition that force is not justifiable if</p>

<blockquote>
  <p>the actor knows that he can avoid the necessity of using such force
  with complete safety by retreating or by surrendering possession of a
  thing to a person asserting a claim of right thereto or by complying
  with a demand that he abstain from any action which he has no duty to
  take</p>
</blockquote>

<p>Then finally, §3.05 says that this goes for people using force in defense of others.</p>

<p>The short version is that the common law right to resist illegal arrest has been supplanted by a statutory requirement to submit to police authority, for example <a href="https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&amp;division=&amp;title=3.&amp;part=2.&amp;chapter=5.&amp;article=" rel="nofollow noreferrer">in California</a> and <a href="https://casetext.com/statute/consolidated-laws-of-new-york/chapter-penal/part-3-specific-offenses/title-l-offenses-against-public-administration/article-205-escape-and-other-offenses-relating-to-custody/section-20530-resisting-arrest" rel="nofollow noreferrer">New York</a>. </p>

<p>In <a href="https://www.courtlistener.com/opinion/2507744/ewumi-v-state/" rel="nofollow noreferrer">Ewumi v. Georgia</a>, defendant was illegally arrested and physically defended himself, which resulted in a battery charge and conviction. The battery charge was overturned because the arrest was illegal <em>ab initio</em>. If one <a href="https://www.nolo.com/legal-encyclopedia/resisting-arrest-when-police-use-excessive-force.html" rel="nofollow noreferrer">resisting an authorized arrest</a>, where an officer's force is likely to result in unjustifiable great bodily harm, the question is whether a reasonable person would find it necessary to resist in self-defense. It is unusual for the courts to find that to be the case.</p>

<p><a href="https://www.revisor.mn.gov/statutes/cite/609.06" rel="nofollow noreferrer">Minnesota law</a> says that </p>

<blockquote>
  <p>reasonable force may be used upon or toward the person of another
  without the other's consent when the following circumstances exist or
  the actor reasonably believes them to exist:</p>
  
  <p>(1) when used by a public officer or one assisting a public officer
  under the public officer's direction:</p>
  
  <p>(a) in effecting a lawful arrest</p>
</blockquote>

<p>Other sections say that a person who is <em>not</em> a public officer may use force to effect an arrest, or, "(3) when used by any person in resisting or aiding another to resist an offense against the person". Being arrested by the police is not an offense, and none of the other justifications for use of force apply.  </p>
