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 kloot1 rated 36 hours ago - "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. The Court stated: "Where the o...
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10 Reviews
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- kloot1 rated 36 hours ago
- "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. The Court stated: "Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed."
"An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter." Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.
- loldog4 rated 4 months ago
- wow, useful information if i ever get put in a situation like that
- M-Nome rated 4 months ago
- From the page: "Just because hundreds of thousands of veterans have died defending democracy and my freedoms does not mean I should refrain from utilizing these freedoms, whether it be blogging, photographing or standing up for what I believe in."
Ya. I'm always confused by that logic. Basically, it goes "Soldiers died for you! So.. Don't use the rights they died for!"
- voiceofgod32 rated 4 months ago
- how do you resist an unlawful arrest?
- YearoftheRat rated 4 months ago
- But...the question still remains: how do you resist an unlawful arrest?
- AtlasEndures rated 4 months ago
- it's simple man. The only words you are ever to speak to a cop are: "Am I being detained?" and "Am I being detained?" sometimes it is appropriate to say, "That's my own personal business officer, I understand you are trying to do your job, but I wish to honor the fourth and fifth amendments, so am I being detained or may I be on my way?"
- MikeyBee5 rated 4 months ago
- I like this site. Ive been charged with resisting arrest by a Dallas cop when I was resisting because he had no charges or justified reason to put me under arrest.
- largeGROUCH rated 4 months ago
- PHOTOGRAPHY IS NOT A CRIME
it's a first amendment right!
It's finally over ... or is it?
June 18th, 2008 · 53 Comments
By Carlos Miller
How can one resist an unlawful arrest?
"...That is the question I asked the judge when I was informed of the jury's verdict, which came in at 11:45 p.m. , after almost two-and-a-half hours of deliberations:
Not guilty of disobeying a police officer
Not guilty of disorderly conduct
Guilty of resisting arrest without violence.
Judge Jose L. Fernandez, who turned out to have an extreme contempt for me, was unable to answer that question, even though he had asked if I had any questions after the verdict was read.
Instead, Fernandez said I was guilty of obstructing traffic, the single charge the jury was not allowed to rule on because it is considered a traffic infraction and not a misdemeanor charge..."
CLICK THE PICTURE TO CONTINUE
- Ausearth rated 4 months ago
- Creeps, this is not democracy
- shrike71 rated 4 months ago
- The police-state strikes again
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