Knowledge is the key to Liberty

Published On January 17, 2013 | By CopBlock | Articles

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.’ That was the ‘ultimate right of all human beings in extreme cases to resist oppression, and to apply force against ruinous injustice.’” (From Mutiny on the Amistad by Howard Jones, Oxford University Press, 1987, an account of the reading of the decision in the case by Justice Joseph Story of the Supreme Court.

As for grounds for arrest: “The carrying of arms in a quiet, peaceable, and orderly manner, concealed on or about the person, is not a breach of the peace. Nor does such an act of itself, lead to a breach of the peace.” (Wharton’s Criminal and Civil Procedure, 12th Ed., Vol.2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197)

Its time for the PEOPLE to awaken, when injustice becomes law, resistance becomes duty…

This post was submitted by Randy via CopBlock.org’s submission tab. We encourage you to share your police interaction, views or videos with those reading CopBlock.org, it’s easy, just click here

I (Ademo) appreciate Randy for taking the time to compile this information but IMO, I don’t need a court to tell me that I have the right to defend myself from someone trying to harm me. No matter the clothing they have on.

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  • d0nj3nko

    Nice!

  • certain

    This always cracks me up. The only way you’re going to shoot a cop and not get jacked up for it is if the courts agree with you that you had the right to shoot. Do you think that would ever happen? They will find some reason that it was not an illegal arrest, then you will get the full ride – capital murder of a police officer. Unless you have everything recorded on video from 27 angles, and even then you would need to survive to make it to trial.

  • Dan Sayers

    @certain: EVERYBODY knows the name Rosa Parks. Nobody knows the name of the person who “legally” asked her to move. Think about it. In the legal world, 1983 is not just a number, but an entire school of thought and legal precedent and/or adjustment of the same. It didn’t come to pass as the result of a bunch of people saying “all we can see is all the ways our efforts could fail, so we’re not going to bother.”

    “The limits of tyrants are prescribed by the endurance of those whom they oppose.” – Frederick Douglass

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  • Everyman

    The title of the article says it all, and the same principle applies to LEOs.

  • certain

    Rosa Parks and the civil rights movement and the legal right to shoot a cop who is entering your house illegally are so far apart I don’t even see how you could use that as a comparison.

  • Common Sense

    Always remember, it won’t be you (the future shooter) that decides if the arrest/attempted arrest was legal or illegal.

    Tread lightly when you review the internet for your case law about resisting unlawful arrests and ‘carrying arms.’

  • Jean

    Unfortunately, I believe Certain is correct here.
    Even if the cop was on PCP, beating your skull in because you were present, if you stopped them, you’d be seen as guilty of “resisting arrest”. And if you agress against them for real, you’re going to be guilty of assault and battery.

    Hence the reason for an armed populace and large-capacity magazines and LOTS of dead cops. Especially in the cities. Makes for some dead citizens, too, but history will sort it out.
    And if the dumb niggers burn the city to the ground, who really gives a f*ck? Citizens can shoot them, too, and soon enough they’ll start to form up and grow up, and crawl out of the “animal” status.

    Funny – the only Black people I’ve ever known who were respect-worthy came from OUTSIDE AMERICA. (One South African, one Sudanese.) Niggers seem to be a uniquely American “thang.” :-( :-P

  • Common Sense

    After that comment, I fully nominate ‘Jean’ to be Copblock’s official spokesperson…

  • Jean

    Shooting (at) people worked for Oriental store owners during the riots after Rodney King.
    While no protection worked badly for the truck driver beaten half to death at the same time.

    If cops respect the law, the rest of the populace might, too. Instead, we are beign driven towards fatal confrontations, which will only tighten the police state that is developing (if not already in place.)

    Someone recently said something about “broken windows” policy, if I recall?

    Piggies got LOTS of broken windows, and they’re all fellating each other in that glass house. And if someone did that in Central Park… Well, Central Park NYC might be a bad example. San Francisco.. No, wait a minute, not there either….
    OK, in some CIVILIZED locales, we might be able to make progress. But we’d go to prison if we weren’t one of the “protected [ruling] classes” I mentioned elsewhere, for doing things those elites DO, REGULARLY.

    So… dead cops are a good thing, and self-policing is a good thing, and animal control in urban areas is ALSO a good thing. Hey, Michael Nutter, BLACK mayor of Philadelphia, recently said, basically – “You don’t want to be treated like Niggers, STOP ACTING LIKE NIGGERS.” Bill Cosby said similar a while back. And Ice T, and Spike Lee, and Malcolm X, and MLK. You don’t HAVE to be a violent thug, you CAN be a human being. But the “black community” says that’s being a “sellout,” an “oreo,” “acting White,” being an “uncle Tom.”
    Seriously? Those who won’t learn how to RISE ABOVE will BE the permanent underclass, whether their blood traces to Africa or Mexico or Ireland. You don’t pull yourself up by stealing a gun and mugging people. (Ask the Irish, for example, during British occupation.) But hard work, education, setting goals, and acting civilized – demanding dignity in some cases, dealing with bullshit sometimes – THAT will get you respect.
    Acting like a monkey gets you put in a cage, and the poo-flinging intensifies.

    Good example is our current POTUS. Half-black, Half-white, 100% anti-American. And we’ll leave aside the Democratic theft of the election(s). (And however many those ruling elite have stolen is immaterial, as Big O is the worst cretin so far.) Is it his Kenyan heritage that’s the problem? Nope. (Conceding birther arguments to anyplace but here.) Kenyan heritage (not birth) isn’t an issue. Nor is his white half, obviously, unless it were born in, say, Ireland. But if he’s natural-born, he’s allowed to hold the office (barring other disqualifiers.) So why do SO MANY people hate him?

    Racists, because there’s a black man in the white house, and (per Al Sharpton), “We might have to rename the White House!” (ehh… no racism there, niggah.)

    Gun lovers and patriots, because he’s shredding the Constitution left, right and center? Using Executive Orders to get around Congressional oversight? Using czars whom he has delegated power and authority to? Because he DOES NOT act in US interests, between bowing to tin-pot dictators and leaving Americans to die (Benghazi?)
    (Eh… Others have done same. POS is POS, skin color, heritage, POTUS or not.)

    Because he’s doing all he can to outspend the last 43 presidents? COMBINED? Might be an issue, yes, as those new “non-taxes” rip apart our pay checks. The destruction of the dollar? Well, inflation occurs for various reason, but as a society, we are POORER overall, and facing worse times ahead. The cries of how it’s all Bush’s fault are ringing REALLY hollow now, 5 years into the regime. But stories about the bill to repeal limits on presidential terms don’t make for a positive gain in opinion polls when we’re looking at cooked numbers – and the COOKED numbers on unemployment and deficit make us look profligate. Meantime we’re bombing the shit out of other countries when the SOB said we’d leave, and we’re making more and mroe things criminal here – “hoarding” food, ammo, supplies of all sorts – while the government gets 1.6 million HOLLOW-POINT bullets, outlawed in warfare by Geneva conventions….

    Seriously – WHO do you think you’re fooling? It’s a fucking tapestry of deceit and recipe for destruction of an honest society. Makes us all SERFS again, except instead of the land, we’ll end up chained to a cube. (Paycheck, maybe?) And then to government welfare checks, soon enough. And EVERY ACTION these people take, has been tried before – AND FAILED THEN. But, we’ll legislate it CORRECTLY this time! Since last time, we only took 50% of your paycheck, and it didn’t work – this time we’ll take 75%!!! And it will be SO MUCH BETTER!

    Sad to think I grew up in a stable household, intact, and started off voting Republican. But I value freedom (not license), and I see a need for justice, and NEITHER of those is met by our current system – EVEN WHEN they follow the letter of the law PRECISELY. (Eminent Domain ring a bell? Or EPA restrictions on use of your own land? It’s LEGAL, not JUST. Eminent Domain doesn’t mean you pay the movign costs of the people affected, or $0.10 on the $1.00 for the house; you buy at MARKET VALUE.)

    So, I don’t think I can be a spokesman for CopBlock, no – too much going on. But I’ll gladly stick a knife in a pig given the chance. If the city destructs, well – I’ll help the ones I can, and let the rest burn themselves to death, and we’ll rebuild. As humans have only done.
    But the cancer, the rot, must be removed first – and that goes far above regular cops. That’s why I tend to link to other sites, with larger agendas. Trying to make sure that those who are just anrachists and anti-cop get a broader picture, see the writing on the wall. We need footsoldiers to take back our country, but we also need generals. We’ll see who gets where if (when) TSHTF.
    And we’ll pray for those who can’t escape it, ’cause there’s nothing else to be done. We are not unified, we are “DIVERSE.” So, Black against White against Yellow against Red against Light Brown or Mocha… Male against Female…. Red against Blue… These factions aren’t all-eoncpassing, they’re all-fighting.

    Society is a place with agreed-to rules. But if that rule is “steal what you can,” it violates the concept (and implicit rules underpinning) a society. It self-destructs. BY DEFINITION, somethign new takes it’s place.

    The question is, where are we WRT this dynamic? Like Rome, transitioning from Republic to Empire? Or like Rome transitioning from Empire to ash? Put a different way, is it salvageable? Or is it better to shred everything, destroy all we can, and re-implement the Consititutionally-established form and roles of government? (I’m not big on throwing the baby out with the bath water, though we might need to re-write to make things clearer to our addled compatriots. That would be a bitch all by itself… But at least we won’t have the slavery issues coulding the water, and can toss that aside. Makes some of it easier. Religion would be a bigger problem actually, as would trade controls, and military secrets that are likely out of control and we don’t even know about. And who knows, and how, and what’s still just conspiracy crap? Dunno. But somebody will have to clean it up… And what if there HAS been a certain issue, say, like alien contact, where we’ve been told to stay on our rock? Could EVERYONE handle that? Probably not. And what if there’s knowledge there is NO life out there besides us? Could everyone handle THAT, either? Probably not… What about common ground between all the divided groups we have now? Blacks and Whites, for instance – how do we reach a common ground? Who hates who more, and why? And how do we change their minds? ESPECIALLY when so many Blacks will say, “Whitey keepin’ us down! Fuck da man!” We point to Obama and say, “You IS da man now, homie?” Not gonna work… Going to get UGLY, and likely going to get far more violent than in the past. Like WW1, with the invention of tanks and machine guns, it’s going to be BAD. At least hope we don’t have bio/chem/nuclear issues, that’ll destroy the country physically. But people can MAKE the first two in a garage… Who resorts to it first? Does it become three-or four-front warfare? Or pure guerilla tactics from day 1? Can it be turned around inside the system, or is it too late? And is it best to force things, knowing how many will get hurt? Or will it just make the end game even worse – say, using nukes on US soil to contain the “rebellion?”

    We’re at the front gate of hell, and have been piddling around asking how to best enter, for most of my life – I don’t see the hell-bound trying to change course, I see them scaling the gates. Since I have to live here, too, I want to change our course, but I’m not John the Baptist here. Not even Ghandi. Got a life I’m trying to live, and if I could just forget about all this mess, it would be great – but the mess has kicked in my front dorr, and took a dump on the coffee table. We’re already IN the shit, it’s where we go from here that matters. And how to be least-destructive as possible.

  • Common Sense

    awesome…

  • jayduba

    Hey Jean, the Caucasian race is verifiably the most violent and dangerous part of humanity. Whites have started more wars and killed more people than any other. The more You know.

  • slappy

    Pure BS at it’s finest. Activists advocating the murdering of LEOs. Go ahead, take your advice and see what happens. Activists are cowards that’s why they post this stuff hoping some idiot tries to do it. That way they can say yes or no if it works or not. What a bunch of losers who advocate murder.

  • http://ibFreeAmerican.webs.com ibFreeAmerican

    Found on a bathroom wall somewhere in the U.S.A.
    You’ve taken over my mind. You’ve raped my thoughts with your image viruses then sold me fake cures for your own disease. Your words and pictures scream orders at me like angry prison wardens. When I cover my ears, your voices echo in my head. I hate you. When I see your billboards, your talk shows, your rock concerts and your factories, when I see the work of your twisted libidos, I want to kill you. I want to set fires, plant bombs, derail trains. I want to smash your buildings and tear at your bodies until the skin of my hands is worn to the bone. I am filled with a rage that burns my eyes.
    I don’t want to feel this way. You have done this to me. These feelings are the fruits of your multi-billion dollar sowing. And I am not alone. There are others like me out here. Every suicide, every madman, every man and woman who gets a gun and just starts shooting — these are your illegitimate children. They don’t all know what they are doing. All they know is hate for the invisible walls which you have raised around them, hate for the narrow path you have tried to make them walk. And the innocent pay in blood for your negligence.
    Remember this: My mind is big. The more you try to push me down and make me small, the greater the pressure inside me becomes. The greater the pressure, the greater the chance of an explosion. There was once a time when I felt love, but now I feel only hate and anger, and fear at what I might do. And you can tell me to “BE HAPPY,” but I know that you really mean “BE QUIET”.
    Believe me, I want to be happy. You stand in my way.