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To: servo1969

Someone list the states where you have a duty to resist unlawful arrest.


9 posted on 02/25/2014 5:48:32 AM PST by Crazieman (Are you naive enough to think VOTING will fix this entrenched system?)
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To: Crazieman

Technically, all of them.

John Bad Elk v. United States - 177 U.S. 529 (1900)

“Instead of saying that plaintiff in error had the right to use such force as was absolutely necessary to resist an attempted illegal arrest, the jury were informed that the policemen had the right to use all necessary force to arrest him, and that he had no right to resist. He, of course, had no right to unnecessarily injure, much less to kill, his assailant; but 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 such right. What might 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.”

Page 177 U. S. 538

http://supreme.justia.com/cases/federal/us/177/529/case.html


15 posted on 02/25/2014 6:13:12 AM PST by Mechanicos (When did we amend the Constitution for a 2nd Federal Prohibition?)
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