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@Andy. Thats good to know. I think i would rather bring charges up against a cop than "fight back" at this junction. It might prove more effective. I wonder if Bill Ayers is speaking at the general assembly lol
To keep the constitution alive we have to use it. Don't let the judge tell you it doesn't apply in his courtroom.
I don't remember where I got this but it sound like it could be a great help at this time.
Please pass it on.
The Right of Defence Against Unlawful Arrest
The police are to be respected and obeyed as keepers of the peace and the law of the land, the Constitution as they have sworn an oath to protect it. But what happens when the police deciede to take sides in violations of the Constitution such as first, second, or Fourth amendment rights?
Do we have a rightto defend ourselves against unlawful arrest, search and seizure?
According to the Supreme court in the case of (Plummer V. State Ind. 306) "Citizens may indeed resist arrest to the point of taking an officers life."
This premise was upheld by Supreme court in that case of ( John Bad Elk v. U.S. , 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 upon a transaction, when the officer had the right to make rhe arrest, from what if the officer had no right. What may be murder in the first case might be nothing more that manslaughter in the other, or facts might show that no offense had been committed.
Other similar cases that involve involuntary man slaughter "HoushvPeople, 75 111.491; reaffirmed and quoted in "State v. Leach, 7 Conn. 452;
(State v. Gleason, 32Kan. 245:)
(Ballard V. State, Ohio 349;)
(State v. Rousseau8, 241 P. 2d 447;)
(State v. Spaulding, Minn. 3621)
When a person, being without fault, is in a place where he has a right to be, is violently assulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defence, his asailant is killed, he is justified." Runyanv. State Ind. 80; Miller v.State, 74 Ind. 1.
"These principals apply as well as to an officer attempting to make an arrest, who abused his authority and transcends the bounds thereof by use of unneccessary force and violence, as they do to a private individual who unlawfully useds such force and violence."
(Jones V. State, 26 Tex. App. I; )
(Beaverts v. State, Tex. App. I 75; )
(Skidmore v. State, 26 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 in the position of a "wrong doer"
and may be resisted by the use of force, as in self-defense."
(State v. Mobley, 24 N.C. 476,83 S.E.)
One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnaped. Thus it is not an offense to liberate one from unlawful custody of an officer, even though he may have submitted to such custody, without resistance."
(Adams v. State, Ga. 16,48 S.E. 910)
" Story affirmed the right of self defense by persons held illegally. In his own writings, he admitted that a situation could arrise in which the checks and balances principles ceased to work and the various branches of government concurred in gross usurpation." There would be no usual remedy by changing law or passing an amendment to the Constitution, should the oppressed party be a minority.
Story concluded,
"If there be any remedy at all -- it is a remedy never provided for by human institutions. ' That was the ultimate of all human beings in extreme cases to resist oppression, and toapply force against ruinous injustice."
SLeazzalttle with fkin shoot your azz, specially if youre Aboriginal . BUT my question. WERE ARE THE ANARCHISTS WHO FKED UP THE WTO PROTEST?
Seattle Mayor Mike McGinn 206-684-2489, SPD (206) 625-5011 206-684-4300 206 684-8917 Gov Chris Gregoire 360-902-4111
Live from #OccupySeattle WATCH LIVE: 'Occupy Seattle' protesters surrounded by police http://ning.it/nWmMBd
by KING 5 News
Posted on October 31, 2011 at 5:46 PM
Updated today at 7:04 PM
SEATTLE -- Police have evacuated the area around the King County courthouse after a woman was grazed by a bullet fired from an unknown location.
The woman was found injured near 3rd Avenue and Yesler in downtown Seattle, apparently shot in the leg.
Police do not know for certain where the shots were fired from, but believe it may be from inside a room at the Frye Hotel, a low income housing building at 223 Yesler Way.
"Destroying the New World Order"
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