Comment: “Citizens may resist unlawful

(See in situ)


“Citizens may resist unlawful

“Citizens may resist unlawful arrest to the point of taking an arresting officer’s life if necessary.” (Plummer v. State, 136 Ind. 306).

“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).

“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).

We have, over my lifetime, been shown many times in the movies and on T.V. scenes where the police “kick” in the doors and announce, “This is the police, we have a warrant”. To be “legal”, they must “knock” on the door and announce…FIRST !
Compare your “cop” shows from the 70’s to what we now are shown.

“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 wrong doer 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).

Show your support for the well being of your friends and neighbors, and yes, even strangers. Wear your guns daily.

As for the 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).

To conclude…and MOST importantly…
“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).

It does not take more than two trained officers to arrest a child or a cripple. The use of a Tazor is un-called for in most cases. Six or more cops is excessive even for a Olympicly trained person.

Personal note to self: I had a lot more respect when the motto was, “To Protect and Serve”, I have NONE for “Law Enforcement”.

Note to Law Enforcement: Send ONE agent to my door and have him knock politely; leave the others up at the road. I will come peacefully.