http://www.constitution.org/uslaw/defunlaw.htm
When the power to resist is ceded by the people, the power to kidnap is enhanced...
When the power to resist is ceded by the people, the power to kidnap is enhanced...
This would have been a shocker!!
“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.
I agree, it would certainly be another widely publicized national trial. As it is now the police officer should be brought up on criminal charges for assault and battery, and many other criminal charges...
“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).
The problem is that the debate over whether an arrest is legal or illegal will take place much later. You risk getting slammed with charges of 'resisting arrest'.
