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Re: [tips_and_tricks] Your Right of Defense Against Unlawful Arrest

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  • rhgusn
    * I certainly agree with the rulings below. If I were on a jury, or if I were a judge in such a case, I would favor a defendant who resisted, injured or
    Message 1 of 3 , Jan 26, 2009
      I certainly agree with the rulings below.  If I were on a jury, or if I were a judge in such a case, I would favor a defendant who resisted, injured or killed an officer who acted unlawfully.  BUT...in today's climate as we approach being a police state, first, the arresting officer would probably have a backup who would shoot your ass dead in a New York minute.  Second, if you happened to make it through stage one, you would have a very good chance of being physically abused and possibly killed in jail.  Third a judge would consider you lower than slime and treat you accordingly.  And fourth, if you managed to go as far as a jury trial, an "average" jury would consider it their duty to make an example of you for disrespecting the authority of the police and acting to prejudice good order and discipline.

      On Mon, Jan 26, 2009 at 9:04 AM, The Handyman <ebobie@...> wrote:

       
       
        

      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."==========================.



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