“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).
You don’t have to run when resisting an illegal arrest: “When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” (Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1).
If you see someone being arrested illegally, you have the right to: “One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).
Up to the point of: “Citizens may resist unlawful arrest to the point of taking an arresting officer’s life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529.
NobodysaysBOO: Every 5 year old Mexican girl has a weapon and will use it to defend herself against attacks.This is why the DALLAS cops let THOUSANDS of Mexicans march in downtown UNTOUCHED. Wise up and do some planning for the next rukus and get some security for your peaceful citizens protest security against ANYBODY commiting assults!
ALL those who were maced by the lard-assed NYPD nedd to bring USC Section 1983 legal actions against those cops who maced them. This section provides that a citizen may sue a public servant PERSONALLY for this kind of shit!!!!
Here's a fact of life in Pennsylvania. Every year I remind the cops, especially the young ones, that these men and women are out and about today (opening day of deer season) and will be for a week or so. I reckon that means they could be "out and about" any damned time they need to be.
Approx ONE MILLION hunters heading into the woods the first Monday after Thanksgiving for the first day of rifle deer season.
The cops often give me the same look as I get when I explain to people just how big a number one trillion is.
There is an excellent book called "Unintended Consequences" which tells what happens when police abuse their authority. The way things are going it could easily come true. Be forewarned! Don't abuse your authority!
I want to applaud the District Atty for taking this action agin 2 of the cops. I believe it was difficult for him but it was absolutely correct to do so. May at least those 2 cops never be LEO's again!
“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).
ReplyDeleteYou don’t have to run when resisting an illegal arrest:
“When a person, being without fault, is in a place where he has a right
to be, is violently assaulted, he may, without retreating, repel by
force, and if, in the reasonable exercise of his right of self defense,
his assailant is killed, he is justified.” (Runyan v. State, 57 Ind. 80;
Miller v. State, 74 Ind. 1).
If you see someone being arrested illegally, you have the right to:
“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).
Up to the point of:
“Citizens may resist unlawful arrest to the point of taking an arresting officer’s life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529.
NobodysaysBOO:
ReplyDeleteEvery 5 year old Mexican girl has a weapon and will use it to defend herself against attacks.This is why the DALLAS cops let THOUSANDS of Mexicans march in downtown UNTOUCHED.
Wise up and do some planning for the next rukus and get some security for your peaceful citizens protest security against ANYBODY commiting assults!
ALL those who were maced by the lard-assed NYPD nedd to bring USC Section 1983 legal actions against those cops who maced them. This section provides that a citizen may sue a public servant PERSONALLY for this kind of shit!!!!
ReplyDeleteI bet that if 50 or 60 cops were killed each day that the incidence of police brutality would plummet.
ReplyDeleteI suspect that is what we need.
Here's a fact of life in Pennsylvania.
ReplyDeleteEvery year I remind the cops, especially the young ones, that these men and women are out and about today (opening day of deer season) and will be for a week or so.
I reckon that means they could be "out and about" any damned time they need to be.
Approx ONE MILLION hunters heading into the woods the first Monday after Thanksgiving for the first day of rifle deer season.
The cops often give me the same look as I get when I explain to people just how big a number one trillion is.
There is an excellent book called
ReplyDelete"Unintended Consequences" which tells what happens when police abuse their authority.
The way things are going it could easily come true.
Be forewarned! Don't abuse your authority!
I want to applaud the District Atty for taking this action agin 2 of the cops. I believe it was difficult for him but it was absolutely correct to do so.
ReplyDeleteMay at least those 2 cops never be LEO's again!