Comment

Comment by Andy Anduer on September 26, 2011 at 5:12am

Continued from below;

As for ground for arrest: The carrying of arms in a quiet, peacable and orderly manner, concealed on or about a person is not a breach of the peace. Nor does such an act of itself , lead to the breach of peace. Nor does such an act of itself lead to the breach of peace."
Wharton's Criminal and civil Proceedure,12 Edition.,Vol . 2 : Judy v. Lashley, 5 W.Va. 628, 41 S.E. 197

Comment by Andy Anduer on September 26, 2011 at 5:10am

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."                                                                                       (From "Mutiny on the Amistad" by Howard Jones, Oxford Univerity press, 1987)An account of the reading of the decision in the case by Justice Joseph Story of the Supreme Court.
As for ground for arrest: T

Comment by Andy Anduer on September 26, 2011 at 3:48am

That's why we have to back up each other and help one another.  You can't let them and their filthy lucre intimidate you. False witnesses are no match for the truth .

 

Comment by noblsht on September 25, 2011 at 11:01pm

A one thing you have to remember thereAndy Anduer, it is your word against the cops were, and the cops word will trump you every time, show me the money!

 

Comment by noblsht on September 25, 2011 at 10:57pm

You have to love that, the guy with a guitar in their faces, what idiots with their little plastic fences!!

Comment by truth on September 25, 2011 at 3:46pm

GOOD INFO LARRY THANKS!

Comment by Friday Woodlans-Sprite on September 25, 2011 at 12:54pm

My Country 'tis of thee, sweet land of "Liberty?"

Comment by Andy Anduer on September 25, 2011 at 11:50am

That guy there with the sign that says, " Stop us now" was very challenging. Did he try to help the women that were pepper sprayed and getting their hair torn out by Gangster police? If police are acting in a criminal fashion you have a perfect right to defend yourself, other the other people being abused. You may have to go to jail and explain it to the judge but that is the cost of freedom.

Comment by truth on September 25, 2011 at 10:43am

photo of two white-collar police officers arresting a young woman for filming them

Comment by truth on September 25, 2011 at 10:41am

white-collar police officer reaching over a barricade and ripping a young woman's hair out