#21
|
|||
|
|||
Re: here\'s a police brutality deal for real
[ QUOTE ]
[ QUOTE ] The problem is there is no way to resist. If you resist an unjust arrest you end up getting your leg broken and being guilty of the crime "resisting arrest" even if it's later determined that the cops had no right to be doing that in the first place. [/ QUOTE ] Incorrect. "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). "Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary." Plummer v. State, 136 Ind. 306. [ QUOTE ] I definitely don't judge the crowd for it because if they had done something about it they'd all be arrested to! [/ QUOTE ] "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). [/ QUOTE ] Jesus, I really should have known about these rulings. Is there any way it possibly plays out like this in real life though? The thought of someone being unlawfully arrested and responding with force just doesn't seem...smart |
|
|