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Originally posted by ShamilAbdullah
i just wrote the chief of police , who is also the head detective ? i informed him that this video will go viral along with other words about conduct , some of witch are probably not suited here on ats , feel free to do something
www.cityoffullerton.com...edit on 9-5-2012 by ShamilAbdullah because: (no reason given)
Originally posted by DerepentLEstranger
and by the way folks
in situations like these
you do NOT have to lie down and take it
Originally posted by Zanti Misfit
Your Rights as a U.S. Citizen Against Unlawful Arrest ..........
“Citizens may resist Unlawful arrest to the point of taking an 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 was commited.”
“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within within jurisdiction, and one who is being arrested, may resist arrest and break away. If 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. 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 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. 1; 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, ther 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.
“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.
I am sure some Police Officers in this Country are Unaware about these Court Decisions when Overstepping their Authority . People who know the Law should Remind them about it from Time to Time for the sake of their Own Safety . The Woman in this Video was Intimidated by that Police Officer because she was just Not Aware of her Rights and Cow Downed to his Intimidation of her Ignorance . She should take this matter to a Lawyer Immediately and press charges against him IMO .
Originally posted by XXX777
Why did the guy not simply comply with the Police officer's orders?
The fact in this case is that the dead guy battled the Police and lost. He got what he wanted.
Originally posted by elouina
Well, did you hear the news? It sounds like criminal charges will continue. But the police dept got the mom to sign a lil piece of paper for one million cash. To release them from further legal claims. Yup they know what happened was wrong.
City pays $1 million to mother of homeless man beaten to death by police