Your Right of Defense Against Unlawful Arrest

Discussion in 'Politics' started by poncho, Dec 5, 2014.

  1. poncho

    poncho
    Expand Collapse
    Banned

    Joined:
    Mar 30, 2004
    Messages:
    19,657
    Likes Received:
    128
    “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.

    “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.

    “These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.

    “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).

    “Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).

    Read More At: http://www.constitution.org/uslaw/defunlaw.htm
     
  2. Sapper Woody

    Sapper Woody
    Expand Collapse
    Well-Known Member

    Joined:
    Jul 5, 2011
    Messages:
    2,112
    Likes Received:
    105
    I think it is important to distinguish between unlawful/illegal arrest and an innocent being charged. In one case, the officers do not have the authority to arrest, and in the other they are making a lawful arrest with the intent to deliver justice.
     
  3. gigabyte71

    gigabyte71
    Expand Collapse
    Member

    Joined:
    Aug 26, 2014
    Messages:
    249
    Likes Received:
    0
    Good luck with that if you don't have the money and time to fight it the entire way up to the Supreme Court.
     
  4. gigabyte71

    gigabyte71
    Expand Collapse
    Member

    Joined:
    Aug 26, 2014
    Messages:
    249
    Likes Received:
    0
    Doesn't sound like it is saying anything about unlawful/illegal arrest, but rather about the officer using unnecessary force and violence.
     
  5. poncho

    poncho
    Expand Collapse
    Banned

    Joined:
    Mar 30, 2004
    Messages:
    19,657
    Likes Received:
    128
    Title 18, u.s.c., section 242

    Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

    http://www.justice.gov/crt/about/crm/242fin.php
     

Share This Page

Loading...