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To: DariusBane

Here is an excerpt that will rock your “normal” view of the relationship between the citizen and the State, as existed in our early history:

“Nothing illustrates the modern disparity between the rights and powers of police and citizen as much as the modern law of resisting arrest. At the time of the nation’s founding, any citizen was privileged to resist arrest if, for example, probable cause for arrest did not exist or the arresting person could not produce a valid arrest warrant where one was needed.92 As recently as one hundred years ago, but with a tone that seems as if from some other, more distant age, the United States Supreme Court held that it was permissible (or at least defensible) to shoot an officer who displays a gun with intent to commit a warrantless arrest based on insufficient cause.93 Officers who executed an arrest without proper warrant were themselves considered trespassers, and any trespassee had a right to violently resist (or even assault and batter) an officer to evade such arrest.94

Well into the twentieth century, violent resistance was considered a lawful remedy for Fourth Amendment violations.95 Even third-party intermeddlers were privileged to forcibly liberate wrongly arrested persons from unlawful custody.96 The doctrine of non-resistance against unlawful government action was harshly condemned at the constitutional conventions of the 1780s, and both the Maryland and New Hampshire constitutions contained provisions denouncing nonresistance as “absurd, slavish, and destructive of the good and happiness of mankind.”97 “


3 posted on 01/18/2011 9:33:08 AM PST by DariusBane (People are like sheep and have two speeds: grazing and stampede)
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To: DariusBane
the United States Supreme Court held that it was permissible (or at least defensible) to shoot an officer who displays a gun with intent to commit a warrantless arrest based on insufficient cause.

See US v Cruikshank.

6 posted on 01/18/2011 9:41:37 AM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: DariusBane
"As recently as one hundred years ago..."

Good lord.

12 posted on 01/18/2011 10:03:12 AM PST by thefactor (yes, as a matter of fact, i DID only read the excerpt)
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To: DariusBane; All

Cops are the only reason women get to leave the house alone.

I vote we keep them.


26 posted on 01/18/2011 11:09:56 AM PST by donna (Imagine...women who honor men enough not to tempt them.)
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To: DariusBane

Stable communities do not need police, and most of America live in stable communities.


40 posted on 01/18/2011 2:53:58 PM PST by bvw
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