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Old 07-21-2009, 09:08 PM
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Default Illegal Arrest: KNOW YOUR RIGHTS
Illegal Arrest: KNOW YOUR RIGHTS
“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).
You don’t have to run when resisting an illegal arrest:
“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).
If you see someone being arrested illegally, you have the right to:
“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).
Up to the point of:
“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 POLICED STATE DOESN’T WANT YOU TO KNOW THESE CASES~
Here is a great youtube video on this subject. Enjoy!
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Old 07-22-2009, 05:44 AM
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how do we know if being arrested is illegal?
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