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Originally posted by maluminse
In Illinois the legislature has codified this law.
720 ILCS 5/31‑1) (from Ch. 38, par. 31‑1)
Sec. 31‑1. Resisting or obstructing a peace officer, firefighter, or correctional institution employee.
(a) A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his official capacity commits a Class A misdemeanor.
There are cases interpreting this act. Generally the officers mistakes are corrected after the fact.
If you wrongfully arrested you can sue. But you cant resist in the first instance.
Why? The alternative is that a cop and arrestee could end up dead. (see op)
This way the worst that happens is a citizen is wrongfully arrested which you can sue for.
The old law left people injured and dead.
String citing cases that cite an old law is meaningless. The 1900 case is still its basis.
Originally posted by KilrathiLG
while i am no form of a legal expert but i think one crucial item has been over looked id quote it (but for the life of me i cant do the quote thingy) but supreme.justia.com... right at the top of the page says that it was a police man (3 from north dakota)vs police man(mr bad elk) and that aparently there was no warrent or cause to arrest him other then suspicion of a crime and they were on tribal land(might effect things not sure)and tribal police officers so that might also be a factor and from my limited knowlege of such things it seems that his legal defence hinged on the fact he thought he was going be be killed either way by the police(they used improper force basicly) and thus fearing for his life shot the man dead and scared the others off and that the fact of lack of warrent or charges existing seemed to factor into it a bit so it seems cops can resist arrest at least officaly but i dunno about us non police and as i am unsure how tribal land is governed(aren't they separate countries technically or at least auttonomous regions?)so those factors also should not be ignored atleast thats what i got from it
Originally posted by YouAreLiedTo
Originally posted by maluminse
reply to post by jude11
Statement of WRONG RIGHTS. I dont care if its calling for anarchy or rights its wrong.
As for homework..Ive read the laws in this area a thousand times and NOT on the internet.
It is NOT the law.
Reader beware.edit on 15-1-2012 by maluminse because: (no reason given)
Maluminse:
While I appreciate your attempt at making sure people don't take the OP the wrong way...
You are still Very, VERY incorrect.
The law tells you that you are SUPPOSED to resist unjust arrests and to IGNORE and FIGHT unjust laws.
That is what jury trials are for. It is not only to prosecute you, it's for the jury to decide the "fairness" of the law being used.
Here is a topic for your law school...
Man walks into a police station. Looks up at the camera, pulls out his wallet, and shows his ID to the camera. There is no mistaking it is him.
He then reaches in his pocket, pulls out a joint, and fires it up in the police station. He then asks a cop if they want to buy some pot.
Does the jury have to convict him because it is proven beyond all doubt that it was him and that he broke a law?
Nope.
A jury is there to fight an unjust law as a last line of defense from bad laws being passed by the government. If those twelve people decide the law you "broke" shouldn't have been a law in the first place...
You go free. No matter WHAT the law said.
As per your lawsuit vs resist argument...
To file suit you have to be able to prove damages...
If the officer had to cause damage for the suit to be valid, then you had every right to resist the arrest that damaged you in the first place. NO WHERE in the law does it say you have to agree to an unjust arrest.
N O W H E R E.
Cite it or stop arguing your incorrect opinions...
Originally posted by maluminse
Statement of WRONG RIGHTS. I dont care if its calling for anarchy or rights its wrong.
As for homework..Ive read the laws in this area a thousand times and NOT on the internet.
It is NOT the law.
Reader beware.edit on 15-1-2012 by maluminse because: (no reason given)