Author Topic: so you are being unlawfully arrested.......  (Read 1484 times)

0 Members and 1 Guest are viewing this topic.

Offline zeker

  • Pro Prepper
  • *****
  • Posts: 3519
  • Karma: 28
  • Country: Canada
  • Location: N Ont
so you are being unlawfully arrested.......
« on: May 13, 2014, 02:54:30 PM »
UNLAWFUL ARREST. ...............some court findings....................

"State Police Power extends only to immediate threats to public safety, health, welfare, etc.," Michigan v. Duke 266 US, 476 Led. At 449:

“Courts are not bound by an officers interpretation of the law under which he presumes to act." Hoffsomer v. Hayes, 92 Okla 32, 227 F. 417

"An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery."
(State v. Robinson, 145 ME. 77, 72 ATL. 260).

"Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense."
(State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).

"One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance."
(Adams v. State, 121 Ga. 16, 48 S.E. 910).
.
"These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence."
Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.

“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.

“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.

“It is not the duty of the police to protect you. Their job is to protect the Corporation and arrest code breakers.” Sapp v. Tallahasee, 348 So. 2nd. 363, Reiff v. City of Philadelphia, 477 F.Supp. 1262, Lynch v. N.C. Dept of Justice 376 S.E. 2nd. 247
of all the things I,ve lost.. I miss my mind, the most

Offline JustABear

  • Global Moderator
  • Pro Prepper
  • *****
  • Posts: 2130
  • Karma: 25
  • Gender: Male
Re: so you are being unlawfully arrested.......
« Reply #1 on: May 13, 2014, 04:06:13 PM »
Too bad this is all US based information and therefore has no relevance in Canada. One big mistake many people make is to attempt to apply American law and information to Canada. BIG mistake. As an example in Canada... whether or not you were being arrested unlawfully, if you resist or assault the officer there is no defense. You will be charged with resisting arrest, assaulting police and anything else they can figure out to charge you with. Here is a link to a synopsys of Canadian law AND YOUR RIGHTS when dealing with Police.

http://ccla.org/wordpress/wp-content/uploads/2010/04/Know-Your-Rights-Booklet1.pdf
« Last Edit: May 13, 2014, 04:18:35 PM by JustABear »
THERE ARE NO PROBLEMS... ONLY OPPORTUNITIES FOR SOLUTIONS

JAB

Offline icrcc

  • Meeting 2014
  • Pro Prepper
  • *
  • Posts: 3533
  • Karma: 32
  • Gender: Male
  • Husky Dog
    • Preparing For The Future
  • Country: Canada
  • Location: Northern Ontario
Re: so you are being unlawfully arrested.......
« Reply #2 on: May 13, 2014, 04:10:07 PM »
One of the problems is that people watch too many US shows and they think that it applies here.
It may never happen. Best to be prepared just in case.

http://www.preparingforthefuture.org/index.php
http://ontariopreparedness.com/

Offline zeker

  • Pro Prepper
  • *****
  • Posts: 3519
  • Karma: 28
  • Country: Canada
  • Location: N Ont
Re: so you are being unlawfully arrested.......
« Reply #3 on: May 13, 2014, 04:15:58 PM »
can AM.. I,m guessing the "can" means canada./. and the "am " means USA.
ymmv.. oops nuther karma.. o well. :'(
of all the things I,ve lost.. I miss my mind, the most

Offline icrcc

  • Meeting 2014
  • Pro Prepper
  • *
  • Posts: 3533
  • Karma: 32
  • Gender: Male
  • Husky Dog
    • Preparing For The Future
  • Country: Canada
  • Location: Northern Ontario
Re: so you are being unlawfully arrested.......
« Reply #4 on: May 13, 2014, 04:20:06 PM »
Hey Zek you're on the ball today.  :P

Don't worry about Karma points nobody is watching.  :)

We will all reap our just rewards in heaven. O:-)
It may never happen. Best to be prepared just in case.

http://www.preparingforthefuture.org/index.php
http://ontariopreparedness.com/

Offline zeker

  • Pro Prepper
  • *****
  • Posts: 3519
  • Karma: 28
  • Country: Canada
  • Location: N Ont
Re: so you are being unlawfully arrested.......
« Reply #5 on: May 13, 2014, 04:23:12 PM »
you got 'er son. did ya happen to get a bit of rain today? like, major deluge be4 noon?. sheesh.. I was building the ark, and had to keep telling the rabbits."only 2 only 2"
of all the things I,ve lost.. I miss my mind, the most

Offline wild_E

  • Off Grid Living Mod 3 yrs now
  • Administrator
  • Pro Prepper
  • *****
  • Posts: 1510
  • Karma: 34
  • Gender: Male
  • Off Grid Mobile Adm/Mod
    • My Journey Blog
  • Country: Canada
  • Location: Ontario
Re: so you are being unlawfully arrested.......
« Reply #6 on: May 13, 2014, 06:30:32 PM »

Just a reminder for.. Everyone. This is a forum for Canadian and American
Members!

I am sure your information has helped out some of the USA peeps so thank you for posting this.

One of the problems is that people watch too many US shows and they think that it applies here.

Offline zeker

  • Pro Prepper
  • *****
  • Posts: 3519
  • Karma: 28
  • Country: Canada
  • Location: N Ont
Re: so you are being unlawfully arrested.......
« Reply #7 on: May 13, 2014, 06:34:19 PM »
when i see US laws and proticals, it makes me kinda snoop to see what our counterpart laws are. a few  times they are similar but lotsa times they are worlds apart.. best to know where you stand and not just from watching tv.
of all the things I,ve lost.. I miss my mind, the most

Offline wild_E

  • Off Grid Living Mod 3 yrs now
  • Administrator
  • Pro Prepper
  • *****
  • Posts: 1510
  • Karma: 34
  • Gender: Male
  • Off Grid Mobile Adm/Mod
    • My Journey Blog
  • Country: Canada
  • Location: Ontario
Re: so you are being unlawfully arrested.......
« Reply #8 on: May 13, 2014, 07:00:27 PM »
Plus 1 karma

To Zeeker
« Last Edit: May 13, 2014, 07:01:39 PM by wild_E »

Offline zeker

  • Pro Prepper
  • *****
  • Posts: 3519
  • Karma: 28
  • Country: Canada
  • Location: N Ont
Re: so you are being unlawfully arrested.......
« Reply #9 on: May 13, 2014, 07:02:26 PM »
now dat rite dare is funny.. ty.. lol
of all the things I,ve lost.. I miss my mind, the most