Sharing this from a Cop Block post. Resisting Arrest- “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. 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). 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). 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). “Courts are not bound by an officers interpretation of the law under which he presumes to act. Hoffsomer v. Hayes, 92 Okla 32, 227 F. 417 ------Right to Travel free of interference (what the suspect was trying to do until the Crook on Patrol pulled him over)------ Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing anothers Rights, he will be protected, not only in his person, but in his safe conduct. II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135 “Our nation has thrived on the principle that, outside areas of plainly harmful conduct (cause injury or harm to others or commit an act of fraud), every American is left to shape his own life as he thinks best, do what he pleases, go where he pleases.” Id., at 197. Kent vs. Dulles see Vestal, Freedom of Movement, 41 Iowa L.Rev. 6, 13—14. EDGERTON, Chief Judge: “Iron curtains have no place in a free world. ...Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal liberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the Constitution. Williams v. Fears, 179 U.S. 270, 274, 21 S.Ct. 128, 45 L.Ed. 186. The right to travel (called the right of free ingress to other states, and egress from them) is so fundamental that it appears in the Articles of Confederation, which governed our society before the Constitution. (Paul v. Virginia). ------Oh, and also about the Statute regarding the running the stop sign, while technically a stupid thing to do, it is not illegal in the true sense of the word, and definitely not worthy of arrest.----- “All codes, rules, and regulations are unconstitutional and lacking due process of Law..” (Rodriques v. Ray Donavan, U.S. Department of Labor, 769 F.2d 1344, 1348 (1985)); A “Statute’ is not a Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3 So.2d 244, 248), A “Code’ is not a Law,” (In Re Self v Rhay Wn 2d 261), in point of fact in Law,) A concurrent or ‘joint resolution’of legislature is not “Law,” (Koenig v. Flynn, 258 N.Y. 292, 179 N. E. 705, 707; Ward v State, 176 Okl. 368, 56 P.2d 136, 137; State ex rel. Todd v. Yelle, 7 Wash.2d 443, 110 P.2d 162, 165).
Posted on: Sat, 05 Jul 2014 16:23:00 +0000
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