You (Had) The Right to Resist Unlawful Arrest

600px-Seal_of_the_United_States_Supreme_Court.svg

Seal of the United States Supreme Court.

1893 – ‘If in the course of arresting it becomes necessary for the citizen to take the life of the officer, the charge against the citizen shall not exceed manslaughter.’ Plummer v. State, 136 Ind. 306.

1900 – In the historic ruling of John Bad Elk v. U.S., the Supreme 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.”

Although the precedent of this ruling has since been overturned, it was actually stated by the Supreme Court in the year 1900.  What are the chances these days you would be indicted of manslaughter if you took the life of an unlawful-law-officer?  Maybe you need to have the middle name “Bad.”  And the last name “Elk.”

Read more about “Your Right of Defense Against Unlawful Arrest” here.

Read about the John Bad Elk v. United States here.

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  • Simon Valentine

    somebody failed the Jedi “tolerance test”

    certainly Palpatine was never so clumsy as this obvious horse-blinder installation

    what happens when you give a sock grease if not awaiting the Match vs. Flint?

    oh wait i remember
    grays hand you a Zippo they developed
    payed for by all the dryer socks
    “laundry”…

  • BuzzCoastin

    the best means of resisting arrest
    is to enter a deep meditative state
    (Vipassana or some such)
    sinking as deep into equanimityas possible
    in order to escapse samsara
    according to a Supreme Court ruling from da Buddha

  • Mr B

    I don’t even treat the police with basic civility anymore.

    It’s taken me a shamefully long time to comprehend that they exist purely to bully.

    • VaudeVillain

      That sounds tiring and unpleasant.

      For your sake, I hope it does something for you.

      • Mr B
        • VaudeVillain

          Oink oink.

          Having met more than a few pigs and more than a few people, I have a lot of trouble understanding why so many people insist the latter is so superior.

          • Mr B

            Because we don’t go around humbled beneath her royal highness:
            http://static.guim.co.uk/sys-images/Guardian/Pix/pictures/2012/7/24/1343135898944/MET-police-hat-002.
            “God save our gracious Queen! Long live our noble Queen! God save The Queen! Send her victorious, Happy and glorious, Long to reign over us: God save The Queen!”

          • Echar Lailoken

            The queen and the whole “royal” family can kiss my ass.

          • Mr B

            Hear hear!

          • Echar Lailoken

            Asshole cops can too, but I won’t say that to their faces. I am not sure what pigs are like over there, but I value my money, my freedom, and my wellbeing. lol.

          • https://twitter.com/anti_euclidean ÿ

            everybody want’s to belong to gang
            it’s tribal

          • Echar Lailoken

            I only want to belong as long as anyone else’s actions or choices won’t splash onto me. Otherwise I am lone wolfing it.

          • https://twitter.com/anti_euclidean ÿ

            How do you deal with family with an attitude like that? ;)

            But seriously, that’d mean no significant other for me. To say nothing of the few friends I keep. Human relationships are messy.

            http://7.media.bustedtees.cvcdn.com/d/-/bustedtees.123de44d-3e32-45cd-a807-fbfdd969.gif

          • Echar Lailoken

            I have basically disowned one brother. The others are church going mormons, so the biggest risk there is them sicking the Missionaries on me.

            I’ve made it very clear over the years that I am not interested. As for significant others, as long as they are not going to get me beat up, killed, arrested, or whatever… cool.

          • https://twitter.com/anti_euclidean ÿ

            Ah family. The source of so much distrust and loathing of humanity. I have two virtually excommunicated family members, one a sibling. I have yet to formally disown them due to my damned compassion. To say nothing of the rest, who have visited horrors upon me that haunt me to this day. Some families are just not meant to remain tight knit, and that’s not an easy path to walk. I have been blessed though that more of my family “get it” than don’t. My condolences to your situation, for what it’s worth.

            I hope you find the circumstances and environment that will help rehabilitate the notion of family for you, however you choose to define it going forward.

          • Echar Lailoken

            Thanks, I take that to heart.

          • Jin The Ninja

            both of your stories about this thing called ‘family’ parallel my own experiences.

          • Mr B

            This is our shibboleth; stop bending over and defending the oppressor.
            http://zm.ourden.net/wp-content/uploads/298.jpg

          • https://twitter.com/anti_euclidean ÿ

            But if I had to join a gang I think I’d join GangStarr
            http://www.djpremierblog.com/wp-content/uploads/2010/08/gangstarr1.jpg

          • Echar Lailoken

            I speak from experience. Being like that will only attract trouble.

          • Andrew

            Hey, he can get away with that shit in the UK, so more power to him. If he lived in the US, he’d be dead.

          • Jin The Ninja

            but let’s be honest, in the uk, you can’t get away with total disregard if you are: nonwhite, non-cis/queer/not het, live on a council estate, have an ‘undesireable’ accent, look chavy, wear hoodies, are poor, are uneducated.

            yes, there is some leeway for those middle class and above, with a ‘public’ school accent or at least using a nominally ‘prestige’ accent. but i think someone is greatly over exaggerating his anti-social tendencies.

          • Andrew

            Point taken. By “get away with” I meant not get shot dozens of times.

          • Jin The Ninja

            yes, a definite possibility in those united states.

          • Mr B

            We need trouble.

          • Echar Lailoken

            You need trouble. I’ve had enough.

          • VaudeVillain

            Wait… so not just randomly being an asshole to every cop you encounter is “bending over and defending the oppressor”?

            Are you for real?

          • Mr B
          • VaudeVillain

            Right… so who, exactly, do you think you’re arguing with? Why?

          • Mr B

            A supescilious, Right-Wing, pleb … for kicks.

          • VaudeVillain

            Pretty sure you aren’t arguing with anyone who can reasonably be described as “Right Wing”… but so long as you’re having fun, go ahead and do your unintentionally ironic thing.

          • Mr B

            ‘Right-wing authoritarianism (RWA) is a personality and ideological variable studied in political, social, and personality psychology. Right-wing authoritarians are people who have a high degree of willingness to submit to authorities they perceive as established and legitimate, who adhere to societal conventions and norms, and who are hostile and punitive in their attitudes towards people who don’t adhere to them. They value uniformity and are in favour of using group authority, including coercion, to achieve it.’

            ~ http://en.m.wikipedia.org/wiki/Right-wing_authoritarianism

          • Echar Lailoken

            Delusional disorder is an uncommon psychiatric condition in which patients present with delusions, but with no accompanying prominent hallucinations, thought disorder, mood disorder, or significant flattening of affect.[1][2] Delusions are a specific symptom of psychosis.

            Non-bizarre delusions are fixed false beliefs that involve situations that could potentially occur in real life; examples include being followed or poisoned.[3] Apart from their delusions, people with delusional disorder may
            continue to socialize and function in a normal manner and their behaviour does not generally seem odd or bizarre.[4] However, the preoccupation with delusional ideas can be disruptive to their overall lives.

            ~ http://en.wikipedia.org/wiki/Delusional_disorder

          • Mr B

            I don’t agree VV has that.

          • Echar Lailoken

            It wasn’t directed at VaudeVillain.

          • Mr B

            I know, hence the junk in my inbox.

          • Echar Lailoken
          • Mr B

            Quite.

          • VaudeVillain

            That’s cool. Still not sure who you think it applies to.

          • Mr B

            One who evidently defends and champions the police (a well established authority), plus levies hostility at their (the police’s) opponents.

          • VaudeVillain

            For someone who pretty clearly expresses a desire to throw bricks and make noise… you’re awfully evasive when it comes to civil discourse.

            Come back when you feel like not having a discussion by way of copypasta.

          • Mr B

            Maybe you should lay off the meds.

          • VaudeVillain

            Meds? I’d have to see a doctor for those. Doctors cost money. I don’t have money, so I don’t see doctors, so I don’t have meds. I haven’t died yet, so I probably don’t need any.

            It’s adorable that you’re so willing to use infirmity as an aspersion, though. Very compassionate and courageous.

          • Mr B

            What’s the relevance of courage?

            I alluded neither to prescription drugs nor terminal illness and there was no pasting in my penultimate, explicit, post.

          • VaudeVillain

            “What’s the relevance of courage?”

            Five tons of flax.

            “I alluded neither to prescription drugs nor terminal illness”

            “Maybe you should lay off the meds.

            Did you forget your own words? Are you going to give some explanation for how the word “meds” doesn’t really mean “medication”? Are you going to rationalize why a person would take medication without some sort of illness? Inquiring minds would like to know!*

            “there was no pasting in my penultimate, explicit, post.”

            Congratulations, you managed not to paste anything for an entire comment. Would you like a cookie? Actually, just half of a cookie, and one of those gluten-free ones that just makes you sorry for people who need to live like that, because it certainly wasn’t explicit.

            *They might also settle for you just owning up to having some things that were frankly ill-advised.

          • Mr B

            Medication doesn’t necessarily mean prescription drugs, i.e. those ordered in writing by a medical practitioner, which you thrice erroneously repudiated two posts ago.

            Did I ever imply that you wern’t ill?

            The sans pasting notification, wasn’t a boast, but an answer to your redundant (and now hypocritical) ultimatum.

            Imo, the only truly baffling aspect of this liaison, is that nonsensical cookie joke.

          • VaudeVillain

            So then what, precisely, did you mean when you brought up the possibility that I am taking medication and should take less of it? You either meant something, or you didn’t. Either I’m too dense to get it, or you are too weak and stupid to actually stand by your own words.

            As to my use of copypasting… you’re right, it was hypocritical, how thoughtless of me to hold your own words against you; clearly that is no more valid than inane photographs and links to wikipedia without any explanation, context, or basic willingness to actually make some semblance of a point.

            As to the cookie joke… I guess I can’t land them all. Shucks. I don’t imagine I’ll lose any sleep over it.

          • Mr B

            [I was sent no notification of the above reply and have found it only by chance, a few minutes ago.]

            You seemed drowsy, distracted and too square to be on illegal narcotics.

            Not being a fan of hearsay, I don’t complain that commentators paste citations.

            If you’re unable to link a consecutive description of right-wing authoritarianism in answer to this:

            ‘Pretty sure you aren’t arguing with anyone who can reasonably be described as “Right Wing”…’

            Then there is something clearly wrong with you.

          • VaudeVillain

            Right… so you think I was on not illegal narcotics? Meds. Incidentally, those are illegal without a prescription… which leads us straight back to the doctor thing. If you have a statement to make about what you believe to be my mental state, then fucking make it.

            You can post a link if it’s relevant… in that case, it was not. Nobody is questioning what right wing authoritarianism is, what it means, or what it looks like. I’m questioning your assessment of who you are dealing with. Frankly, my assessment is that I’m dealing with a complete moron… so I’m done, have a great night and try not to light yourself on fire with the molotovs: it’s funny, but way embarrassing.

          • Mr B

            Correcting the continued falsity of your characteristically fallacious statements, has become a barren chore.

            Cheerio factuous timesponge.

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