Try it out.
Let me know how it works... if you're ever allowed near a computer again. Or alive to type.


--Steve

I was thinking about your "Right to free travel" the other day. While I was waiting to pay 150 bucks for an updated passport.
Logically, I figure, my right to free travel ends at the border of the country that pretends to provide it.


--Steve

Hence the qualifier "logically".

My dismay comes from me wishing these principles worked in reverse.


--Steve

justin_o_guy2 wrote on 09/25/13 at 09:27:32:



Illegals, I'm guessing.

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 amendment would be no usual remedy by changing the law or passing an 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).
Tell those dead people at Waco that. Being Married to a Law Enforcement Officer I learned a lot. There are 10 times more laws protecting officers than there are you. The first thing the judge will ask is did the defendant cooperate? Do any of us except Jerry know how to read a warrant and know if mistakes were made or not. Other than the spelling of my name , address, date, I don't know what I'm reading. If the warrant acuses me of stealing, murder, etc and I know I'm innocent if I put up a fight or start shooting what do you think is going to happen?  "Ruinous injustice" that would be punishment without a trial, I think hanging them on a tree went away a long time ago. I could cross the yellow line dodging an animal and an officer can take me in for a drug test even though I'm innocent and there's nothing I can do about it except get in more trouble. LEO's, DA's, Lawyers, Magistrates, Judges stick together and as my favorite comedian George Carlin once said "You aint in that club" You ever heard of interfering with an officer in the line of duty? Try to stop an arrest and see what happens. When a person is in a place where they have a right to be, how many women have been dragged out of their car and beat lately? Define illegal arrest. If I'm arrested, taken to court and found not guilty was the arrest illegal arrest? Its up to the DA to bring charges against the arresting officer and I said it before "brother you aint in that club" As for grounds for arrest: They can make up anything they want to and unless you wanna get hurt and pay outrageous lawyer fees you had better keep your mouth shut. Remember "you aint in the club" I think DWI checkpoints by law are illegal and technically by law they are but they still do it everyday all over the country. I don't know when it happened but unless you're applying for a class C License(fully automatic guns and silencers) gun rights were given to the states. Every state has different gun laws and cities inside states can have different gun laws. Walk downtown the street with a pistol in a holster fully visible and see what happens. I think the 2nd amendment gives me the right to carry but I'm sure the judge will disagree. Jog its a nice piece of paper but you're no dummy. You and I probably cry more than anyone on this forum about our rights being taken away. My wife retired 10 years early because she got tired of the new shoot and ask question later law enforcement, having to go to crowd control classes, training with fully automatic weapons, illegal search and seizure that she was ordered to do, etc. My wife and I know whats coming and you do to Jog.

A piece of paper is worthless if there's no one to enforce it. You've heard me call the new police force Gestapo many times and that's all in the grand scheme of things as you would say.