What would one do if excessive force is used ie head lock and punching him by police

Question

Let's say hypothetically,,,a police officer attempts to put me in handcuffs just to let me know that I am not allowed back on a property and then proceeds to put me in the headlock and punch me when my arms are out like a scarecrow and I didn't resist at all. Would that be excessive force also puts me in the headlock but then get charged with resisting arrest assault on a police officer and not give me my name

Answer 1

The hypothetical person resisted arrest when they put their arms out like a scarecrow instead of allowing themselves to be cuffed.

Whether or not excessive force was used must be adjudicated in court. Scarecrow's chance of beating this rap is very small. Recognize that the testimony of the arresting officer(s) may be very different than what is presented here.

Answer 2

Depends on where, hypothetically, that did happen, and also who said and did what and when in the run-up to the confrontation.

• In most jurisdictions, the police are not supposed to make the determination who owns which property. (In many jurisdictions, they may also throw people off their own property, often in cases of alleged domestic abuse where one side is removed from the premises immediately, pending court approval of the restraining/barring order.)
• They are allowed to put handcuffs on members of the public if they arrest that person, and in many cases also before (or without) an arrest if a person seems to endanger the public or the police. If the police were right or wrong gets determined in court, not on the spot.
• In most jurisdictions, the police are not allowed to use more force than necessary to restore order, and the use of force may also have to be proportionate to the incident.