Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: OneWingedShark
“Self-help measures undertaken by a potential defendant who objects to the legality of the search can lead to violence and serious physical injury. The societal interest in the orderly settlement of disputes between citizens and their government outweighs any individual interest in resisting a questionable search. United States v. Ferrone, 438 F.2d 381, 390 (3rd Cir. 1971), Cert. denied, 402 U.S. 1008, 91 S.Ct. 2188, 29 L.Ed.2d 430 (1971). Accord, State v. Hatton, 116 Ariz. 142, 568 P.2d 1040 (1977); State v. Miller, 282 N.C. 633, 194 S.E.2d 353 (1973). One can reasonably be asked to submit peaceably and to take recourse in his legal remedies... We hold that a private citizen may not use force to resist a search by an authorized police officer engaged in the performance of his duties whether or not the arrest is illegal. The question remains whether the use of force in resisting a search pursuant to an illegal arrest constitutes a battery upon a police officer acting in the “lawful discharge of his duties,” as set forth in s 40A-22-23... A police officer who makes an arrest should not lose all his authority if the arrest is subsequently judged to be unlawful. Police officers must be free to carry out their duties without being subjected to interference and physical harm.” New Mexico v. Doe, 583 P.2d 464, 467 (N.M. 1978).

I don't really have a problem with those statutes as written and as intended to apply. But not one thing in those statutes addresses the reason I will meet no-knock warrants with lethal force if I so choose. A no-knock warrant served as a so-called dynamic entry is a violent armed home invasion. That is a completely separate matter from the legality of the search. I'm fine with settling questions regarding the warrant, the search or the arrest with lawyers. If those things aren't right then I'll press for the lawsuit lotto.

But a surprise attack with battering rams, screaming orders and obscenities, slamming people and property around and shooting anything that hesitates a millisecond? That has nothing to do with the warrant or the arrest that's just plain old-fashioned barbarism and anyone who engages in it deserves to die on the spot. Or later at my convenience.

264 posted on 01/03/2011 12:00:53 AM PST by TigersEye (Who crashed the markets on 9/28/08 and why?)
[ Post Reply | Private Reply | To 263 | View Replies ]


To: TigersEye; OneWingedShark

I got your back on this, for reasons I’ll go into at a later time, since sleep is YELLING at me to get there, like right NOW!!!


265 posted on 01/03/2011 1:44:24 AM PST by dcwusmc (A FREE People have no sovereign save Almighty GOD!!! III OK We are EVERYWHERE)
[ Post Reply | Private Reply | To 264 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


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