PROTECT YOURSELF AGAINST POLICE BRUTALITY: Your Right of Defense Against Unlawful Arrest

PROTECT YOURSELF AGAINST POLICE BRUTALITY: Your Right of Defense Against Unlawful Arrest

Police brutality, especially against black teens, seems to be the norm these days. As we watch the news or scroll through our timeline on social media, we stumble upon multiple videos, images, and articles highlighting the most recent police attack, and most simply shake their heads and continue on with life. Meanwhile, the victims can’t just continue on with life, having experienced such a traumatic, unwarranted event with police that will surely shape the way that they view the roles of those sworn to protect and serve.

Interesting enough, however, I’ve found that both whites and blacks tend to be equally disgusted by the excessive force officers choose to use on black adolescence, and in many cases demand that something be done to rectify the horrific event. Let’s face it, people realize that police officers have been given a free “kill,” or “maim” card, which they’re allowed to use with impunity. The fact is, after all the cases of police brutality and officers not being held accountable, the public believes more so than ever that cops are indeed above reproach. Now even white citizens are starting to realize the dangers of white police officers interacting with black citizens, especially if the officer mistakes his bruised ego for being in “fear” for his life.

Still, you have those who know matter what the evidence shows will justify any level of force, for any reason, that an officer attempts to use on any age, size, or sex of the victim. This tends to be the case, more often than not, when victims of police assault are black. But what these police supporters fail to recognize is that citizens have rights and can protect themselves against the police, even by fatal means.

Below Constitution Society has provided Your Right of Defense Against Unlawful Arrest. Read, memorize, and honor your rights as citizens who are threatened by the hands of police officers. If the system won’t protect you from these “thugs with badges,” protect yourself.

“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.

“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.

“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.

“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).

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