posted on Jun, 24 2011 @ 10:41 AM
The Supreme Court has had some very interesting rulings about the right to resist unlawful arrests.
I state again. The Supreme Court of the United States are the ones who have stated what I am about to post. It is their rulings and Words, not mine. I
am just the messenger in regards to these CASE LAWS.
I think its an interesting Historical Perspective of how SCOTUS used to fell about the Constitution, and even maybe why Cops in the past were much
more respectful and decent towards Citizens.
This is for Historical Perspective only. And you can look up these cases yourself if you doubt them.
"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.