Every now and then I come across information that is so powerful, so well written, that I can not improve it, or even want to add or change it. I came across just such an example today. Below is an excerpt from the Washington Blog. I will give credit where credit is due…..
It is every citizen’s duty to resist false arrest
There is no such crime as “resisting arrest.” This is a fictitious crime dreamed up by law enforcement to accuse a citizen of a crime when they refuse to surrender to the illegal demands of the police.
The U.S. Supreme Court has ruled on numerous occasions that resisting a false arrest is not merely a citizen’s right, but his duty! In fact, the Supreme Court has gone so far as to rule that if a law enforcement officer is killed as a result of actions stemming from a citizen’s attempts to defend themselves against a false arrest, it is the fault of the officer, not the citizen.
Here’s a short collection of relevant court rulings on false arrest and resisting 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.
“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).
Do individuals have the right to come to the aid of another citizens being falsely arrested? You bet they do. As another court case ruled:
“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).
And on the issue of actually killing an arresting officer in self defense:
“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.
All of us that see America as the Police States of America, the Fascist States of America understand that either today, tomorrow or a point in our future we will be faced with false arrest. It may come as you peacefully protest grievances with our government. It may come when Martial Law is declared in your city. It may come in the middle of the night knocking on your door because your government has labeled you a “terrorist”. In whatever form it comes, it is going to happen to me, you and every freedom, liberty loving American. You will be faced with a choice, to defend yourself from false arrest and imprisonment with a legal system that no longer believes in the constitution, bill of rights, and rule of law, or allow yourself to be taken into custody, placed in prison, or an interment camp, until you are “re-educated”.
Perhaps you should print this article out and place inside your pocket size bible or US constitution.
God Bless You
God Bless America
- Protesters Have the Right to Protest … and to Resist Unlawful Arrest (destructionist.wordpress.com)
- Boston cops beat man for videotaping (rt.com)
- Reporter Records His Own (Unlawful?) Arrest at Occupy Protest [Video] (gawker.com)
- Occupy Riverside protesters clash with police (abclocal.go.com)
- Live Blog: Police arrest students setting up tents at UC Berkeley rally (mercurynews.com)
- New York Civil Rights Violation Lawyer from The Perecman Firm Comments on Testimony Revealing NYPD Planted Drugs and Made False Arrests (prweb.com)
- Lawsuits Filed In Separate Video Recording Arrest Incidents (pixiq.com)