Nali M.: That happened in my city. I think it’s bc she kneed him in the crotch. Still should have used the taser instead.
Rayn: The officer attempted to arrest this woman for warrants that were invalid, making him nothing more than a costumed criminal, with a shiny badge, and a gun. He was operating only under color of law, and had no legal right to arrest this woman.
She was under no obligation to cooperate in any way with the unlawful orders of these State agents, and appeared perfectly cognizant of this fact. She understood that she was being abducted, through use of assault and battery, with the intent to falsely imprison her, and chose to exercise her right to resist the criminal acts she was being subjected to, and attempted to appeal to reason and evidence, as her defense.
Your Right of Defense Against Unlawful Arrest:
From the article:
“Citizens may resist unlawful arrest to the point of taking an arresting officer’s life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “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 right. What may 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.”
“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621. (Click Here to Continue Reading This Post)