Free Republic
Browse · Search
General/Chat
Topics · Post Article

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.)
[ Post Reply | Private Reply | To 3 | View Replies ]


To: Lurker

Today, Law Enforcement is held in such glorified esteem by the slack jawed public that “if” you made it to trial (doubtful) you will enjoy no such protections from the court.


9 posted on 01/18/2011 9:45:38 AM PST by DariusBane (People are like sheep and have two speeds: grazing and stampede)
[ Post Reply | Private Reply | To 6 | View Replies ]

To: Lurker

US v Cruikshank:

“On Easter Sunday, April 13, 1873, an armed white militia attacked Republican freedmen who had gathered at the Colfax, Louisiana, courthouse to protect it from the pending Democratic takeover. Although some of the blacks were armed and initially defended themselves, estimates were that 100-280 were killed, most of them following surrender, and 50 were being held prisoner that night. Three whites were killed. This was in the tense aftermath of months of uncertainty following the disputed gubernatorial election of November 1872, when two parties declared victory at the state and local levels. The election was still unsettled in the spring, and both Republican and Fusionists, who carried Democratic backing, had certified their own slates for the local offices of sheriff (Christopher Columbus Nash) and justice of the peace in Grant Parish, where Colfax is the parish seat. Federal troops reinforced the election of the Republican governor, William Pitt Kellogg.

Some members of the white mob were indicted and charged under the Enforcement Act of 1870. Among other provisions, the law made it a felony for two or more people conspired to deprive anyone of his constitutional rights.

Given the disproportionate rate of black fatalities, historians have come to call the event the Colfax Massacre.[2]
[edit] Ruling

The Supreme Court ruled on a range of issues and found the indictment faulty. It overturned the convictions of two defendants in the case. The Court did not incorporate the Bill of Rights to the states and found that the First Amendment right to assembly “was not intended to limit the powers of the State governments in respect to their own citizens” and that the Second Amendment “has no other effect than to restrict the powers of the national government.”

Although the Enforcement Act had been designed primarily to allow Federal enforcement and prosecution of actions of the Ku Klux Klan and other secret vigilante groups in preventing blacks from voting and murdering them[3], the Cruikshank court held that the Due Process and Equal Protection Clauses applied only to state action, and not to actions of individuals: “The fourteenth amendment prohibits a State from depriving any person of life, liberty, or property, without due process of law; but this adds nothing to the rights of one citizen as against another.”[4]”


10 posted on 01/18/2011 9:50:16 AM PST by DariusBane (People are like sheep and have two speeds: grazing and stampede)
[ Post Reply | Private Reply | To 6 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson