Scenario: (this 1st part is based on a real incident, recently in the news)
LEO stops female driver for ostensible traffic infraction;
LEO informs driver that he will let her off if she performs sexual acts for him;
(now the hypothetical part)
Enraged drivers announces "You are under arrest! I am making a Citizen's Arrest! Put your hands up!";
LEO, startled, curses, and advances toward driver;
Driver, who is legally carrying, draws and shoots LEO at very short range.
Assuming there is no question of fact involved (everything happened in front of a high-quality security camera installation, or something equivalent), what is the legal situation?
Does an LEO have the right to resist a Citizen's Arrest?
Does it depend on the jurisdiction?
Is there any clear case law on such a situation?
LEO stops female driver for ostensible traffic infraction;
LEO informs driver that he will let her off if she performs sexual acts for him;
(now the hypothetical part)
Enraged drivers announces "You are under arrest! I am making a Citizen's Arrest! Put your hands up!";
LEO, startled, curses, and advances toward driver;
Driver, who is legally carrying, draws and shoots LEO at very short range.
Assuming there is no question of fact involved (everything happened in front of a high-quality security camera installation, or something equivalent), what is the legal situation?
Does an LEO have the right to resist a Citizen's Arrest?
Does it depend on the jurisdiction?
Is there any clear case law on such a situation?