WE THE PEOPLE HAVE THE RIGHT TO DEFEND OURSELVES AGAIN ANY AND ALL WHO TRY TO HARM US. Do we have the right to defend ourselves from NYPD. The Natural & Common Law Right of Self Defense “Common as the event may be, it is a serious thing to arrest a citizen, and it is a more serious thing to search his person; and he who accomplishes it, must do so in conformity to the law of the land. There are two reasons for this; one to avoid bloodshed, and the other to preserve the liberty of the citizen. Obedience to the law is the bond of society, and the officers set to enforce the law are not exempt from its mandates.”Town of Blacksburg v. Bean 104 S.C. 146. 88 S.E. 441 (1916): Allen v. State, 197 N.W. 808, 810-11 (Wis 1924) “Where officers do not conform to the ‘law of the land’ they have no authority and the right to resist them exists. A Public Officer, as with a citizen, who unlawfully threatens life or liberty, is susceptible to be injured or killed; for by such acts ‘they draw their own blood upon themselves’ As stated in some cases, ‘where a peace officer has no right to make an arrest without warrant he is a trespasser and acts at his own peril.” 6A CJS., “Arrest” Section 16 page 30; A sheriff who “acts without process,” or “under a process void on its face, in doing such act, he is not to be considered an officer but a personal trespasser.”Roberts v. Dean, 187 So. 571, 575 (Fla. 1939) “A person has a lawful right to resist an arrest by an unlawful authority, i.e., an officer without a valid warrant.” Franklin,118 Ga. 860, 45 S.E. 698 (1903) “What of the resistance to the arrest? The authorities are in agreement that since the right of personal property is one of the fundamental rights guaranteed by the Constitution, any unlawful interference with it may be resisted and every person has a right to resist an unlawful arrest. * * * and, in preventing such illegal restraint of his liberty, he may use such force as may be necessary.” City of Columbus v. Holmes, 152 N.W. 2d, 301, 306 (Ohio App. 1058) “It is the law of self defense and self preservation that is applicable. “One has and “unalienable” right to protect his life, liberty or property from unlawful attack or harm.” “* * * 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.” Adarns v. State, 121 Ga 163, 48 S.E. 910 (1904) “An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right, and only 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, 2nd.260, 262 (1950) “A citizen illegally arrested “cannot initiate the use of force” and neither do “words alone justify an assault.” However, “when the officer initiates the assault by physical contact, which is usually the case, and there is an unlawful arrest, the citizen has the right to protect his liberty to the extent of killing the officer.” Green v. Kennedy, 48 N.Y. Rep. 653, 654 (1871) and/or Hicks v. Matthews, 266 S.W. 2nd. 846, 849 (Tex. 1954) “What rights then has a citizen in resisting an unlawful arrest? An arrest without warrant is a trespass, an unlawful assault upon the person, and how far one thus unlawfully assaulted may go in resistance is to be determined as in other cases of assault. Life and liberty are regarded as standing substantially on one foundation; life being useless without liberty, and the authorities are uninformed that where one is about to be unlawfully deprived of his liberty he may resist the aggressions of the officer, to the extent of taking the life of the assailant, if that be necessity to preserve his own life, or prevent infliction upon him of some great bodily harm.” State v. Gum, 68 W. Va. 105, 69 S.E. 463, 464 (1910) “It is the law that a person illegally arrested by an officer may resist that arrest, even to the extent of the taking of life if his own life or any great bodily harm is threatened. State v. Rousseau, 40 Wash. 2nd, 92, 241 P. 2nd. 447, 449 (1952); Porter v. State, 124 Ga. 297, 52 S.E. 283, 287 (1905); see also State v. Mobley, 240 N.C. 476, 83 S.E. 2nd 100, 102 (1954);Wilkinson v. State, 143 Miss. 324, 108 So. 711, 712-13 (1926); American Jurisprudence, 2nd Ed., “Arrest”, Section 94, pp. 778-780; Thomas v. State, 91 Ga. 204, 18 S.E. 305 (1892);Presley v. State, 75 Fla. 434, 78 So. 532, 534 (1918); Burkhard v. State, 83 Tex. Crim. 228, 202 S.W. 513; Mullins v. State, 196 Ga. 569, 27 S.E. 2nd. 91 (1943); Ownes v. State, 58 Tex. Crim. 261, 125 S.W. 405 (1910); Caperton v. Commonwealth, 189 Ky. 652, 655, 225 S.W. 481, 481 (1920) “The United States Supreme Court, and every other court in the past deciding upon the matter, has recognized that “at common Law”, a person had the right to “resist the illegal attempt to arrest him.”John Bad Elk v. United States, 177 U.S. 529, 534-35 (1899) “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 Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.” — “An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.”Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621. — “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). — “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). — “Story affirmed the right of self-defense by persons held illegally. In his own writings, he had admitted that ‘a situation could arise in which the checks-and-balances principle ceased to work and the various branches of government concurred in a gross usurpation.’ There would be no usual remedy by changing the law or passing an amendment to the Constitution, should the oppressed party be a minority. Story concluded, ‘If there be any remedy at all … it is a remedy never provided for by human institutions.’ That was the ‘ultimate right of all human beings in extreme cases to resist oppression, and to apply force against ruinous injustice.’” (From Mutiny on the Amistad by Howard Jones, Oxford University Press, 1987, an account of the reading of the decision in the case by Justice Joseph Story of the Supreme Court. As for 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) — Source: constitution.org/uslaw/defunlaw.txt
Posted on: Mon, 28 Jul 2014 16:42:00 +0000
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