This is a mega fail!
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The Stuff
- Wonder Man
- Viktor is a small town southern boy living in Los Angeles. You can find him on Twitter, writing about pop culture, politics, and comics. He’s the creator of the graphic novel StrangeLore and currently getting back into screenwriting.
3 comments:
Having lived there, I can say this is shocking. Davis cops are usually not that aggressive.
I really think all these police depts. are taking their ques from Homeland Security.
I posted this:
NOTICE OF RIGHT TO RESIST ARREST
"Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary." Plummer v. State. 135 Ind. 308 (1893).
This fundamental premise was upheld by the Supreme Court of the United States in the case of John Bad Elk v. U.S., 177 U.S. 529 (1900) when 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 might 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 without jurisdiction; and, the one who is being arrested may resist arrest and break away. If the arresting officer is killed by one who is so resisting, the killing will be no more that an involuntary manslaughter." Housh v. People, 75 Ill. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 340; State v. Rousseau, 241 P.2d 447; State v. Spaulding, 34 Minn. 361.
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 force by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he Is justifiable." Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind.
"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. 1; Beaverts v. State, 4 Tex. App. 175; Skidmore v. State, 43 Tex. 93. #903
"An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right, and only the same right, to use force in defending himself as he would have in repelling any other assault and battery." State v. Robinson 145 Me. 77,72 Atl. 2d 260, 262 (1950).
"The offense of resisting arrest, both at common law and under statute, presupposes a lawful arrest. It is axiomatic (self-evident) that every person has the right to resist an unlawful arrest. In such 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 100,102 (1954).
Every individual has a right to resist an unlawful arrest, even up to the point of using deadly force, if necessary. The U.S. Supreme Court - John Bad Elk v. United States (177 U.S. 529 (1900)).
Because some of those cops need to be reminded that that badge aint that powerful.
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