Comment

Comment by Andy Anduer on July 9, 2013 at 2:11am

Your Right of Defense Against Unlawful Arrest

http://constitution.org/uslaw/defunlaw.htm

There are 4 parts to this.

Your Right of Defense Against Unlawful Arrest

“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).

“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).

“Story affirmed the right of self-defense by persons held illegally. In his own writings, he had admitted that ‘a situation could arise in which the checks-and-balances principle ceased to work and the various branches of government concurred in a gross usurpation.’ There would be no usual remedy by changing the 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.’

Go to the site to read the rest.

Comment by joe banana on July 8, 2013 at 10:22pm

Complete incompetence. Willful neglect. Utter stupidity. How do you NOT see a garden hose attached to this "gun"? These cops are obviously a danger to the public. Stupid is not an excuse.

Comment by Saint Quinn on July 8, 2013 at 10:01pm

TRAINING?

HOW ABOUT ARRESTING THEM FOR MURDER WHER THEY MURDER INNOCENT PEOPLE?

Comment by Andy Anduer on July 8, 2013 at 9:56pm

The cops say they won't compromise their training. We need to find out who is training them and where they are getting their materials from. The Police Chiefs must know they are doing wrong if their trainers/training tells them to hurt/kill citizens. Do they measure up the training to the standards of the Constitution?

Comment by Saint Quinn on July 8, 2013 at 9:43pm

Did you see the SCUMBAG police chief take the hose nozzle and aim it WITH BOTH HANDS like a gun? Implying the MURDER VICTIM did that!!!! WHO in their right mind would believe this SCUMBAG defending the psycho KILLER murderous cop? 

Comment by apeman2502 on July 8, 2013 at 6:28pm

  These cops did not get to the sick mind set they are in all on their own. They stated sick into the police force and have had their various psychopathologies reinforced by similarly traumatized morons seeking happiness with a warm gun. Eat your kill, or don't kill. If a cop is being a bully, make a point of staring at his badge number and reading it aloud. Be polite and realize you may be dealing with a mentally disturbed desperate cretin with a loaded gun and a bone to pick with 98% of humanity. They can kill with near impunity, and many often spend long hours in demented solitude or worse. Many police are Freemasons, and Freemasonry is all forgiving. Look at what the top Freemasons do when no one is looking.

Comment by gunslinger748 on July 8, 2013 at 4:43pm

LAWSUIT !!!!!!  40 million bucks would be a good start !! make these trigger happy clowns  pay !!

Comment by sharon k neuhaus on July 8, 2013 at 3:25pm

Some cops are cowards.  I saw a cop get up on a chair and shoot at a mouse. He was scarred.  I kid you not.

Comment by Jared Ruhlin on July 8, 2013 at 2:54pm

how do you mistake it for a gun... there's a freaking hose connected to it. plus, how do you not recognize it's not a gun by the time you even draw your gun.

Comment by Elaine Morris on July 8, 2013 at 2:31pm

Not only should they (or he) be fired, but also prosecuted.  He acted "Under the color of the badge".

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