8 votes

Cops Attack 2 Men Then Arrest Them For Assault

This is how you resist tyranny. Put your fists up and jump in the mix. Don't just stand there and take an ass beating.

"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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Holy Trinity

When I practiced law in PG County MD we had a charge that we called the "holy trinity" - disorderly conduct, resisting arrest and assault on a police officer; the last a felony. What it really meant was getting beat up by the cops. When the defendant went to court the judge would ask how many stitches they got and say if they plead guilty to disorderly conduct he would dismiss all charges upon payment of a $50 fine. Or they could go to trial on the felony. Needless to say everyone took the deal. The beauty of this was since they plead guilty they couldn't sue the county.

This was before cameras were everywhere so it was always the defendants word against the cops.

Thetis

Good for them

Good for them. I'm in Detroit all the time, and I'm sure this sort of thing happens regularly. That's not to say there aren't tons of actual criminals out in Detroit, but the cops down there are often down there with an ax to grind.

Hope they win their case, I'm betting they will.

Eric Hoffer

Self defense is justified today and tomorrow!

Self defense. Cops have no magical authority to assult or harras anyone.

The creation, production and fair exchange of values is the business of evolving consciousness, love and life.--Craig Johnson