Unlawful arrest

[JamesVincent]

I think this is the first time I've ever started a thread in the Sov sub-forum, U.S. division. Some of the things that I bring up I know we have covered in other threads but someone went through all the trouble of putting a whole bunch of them together in one, disgusting mix so I wanted it to have it's own place. This was brought to my attention by a Facebook friend who borders on the fringe at times but has a good mind and willing to listen. After I debunked the first two incorrect caselaw quotes he removed it from his page. Go RV!

I seem to recall this webpage mentioned before but didn't find it so here we go:
http://www.constitution.org/uslaw/defunlaw.htm

This what it starts out with..... and, consequently gets worse from there:

“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.”

Sound familiar? Our old pal, Bob Hurt, used this IIRC. I've seen the "quote" from Plummer float around several times but had never seen it tied to Bad Elk before.

Anyway, you all are much more capable of going though this garbage then I but I will leave a little help for people that are coming here to actually learn something.

I found this little gem while looking up something else awhile ago and never had reason to use it.... until now.

http://excoplawstudent.wordpress.com/20 ... ution-org/

A large number of Internet wannabe experts cite cases from this webpage (constitution.org) when arguing the proposition that a citizen may resist a police officer making an “unlawful” arrest. Let’s look at the post, the actual cases, and the law.

The person operating this blog is an ex LEO who became a lawyer after leaving the force. He does end the page with this note:

The other cases are similarly wrong. Whether this was an inadvertent error by the site owner, or a deliberate attempt to falsify the information, the end results are the same. It’s wrong, and if you cite them in court to defend yourself, you are going to get screwed. Even worse, if you base your actions in dealing with a police officer on this page, and you resist to the point that the officer is killed, you could end up with a needle in your arm.

That right there is one hell of a message to send.