joether
Posts: 5195
Joined: 7/24/2005 Status: offline
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Dont ever become a lawyer. You would suck at it! Probably get good people jailed or killed..... quote:
ORIGINAL: Real0ne Since so many posting here appear to believe that any order given by a law enforcement officer stands as the supreme law it is not true. In fact its so far from true you can legally waste an officer operating outside his jurisdiction under certain circumstances. Yeah, use this behavior the next time the officer is having a bad day. Tell us from jail how well it worked for you, ok? If the police officer is well trained, tested and monitored, the likelihood of problems or violations of the law diminish quite rapidly. Now if we held citizens to that same standard.... quote:
ORIGINAL: Real0ne “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.” How do you determine an unlawful order? Because its your word verse the police officer's in a court room. Most people tend to side with the police rather than the other guy in court rooms across the nation. Particularly if the film shows the person being an asshole towards a very patient police officer. There are plenty of videos of 'sovereign citizens' behaving like total assholes and then stating "The police officer assaulted me without provocation". Yes, there are videos of police officers getting out of line. Funny that it requires good amounts of training, education, and monitoring to accomplish a professional police officer. Money that requires tax payer support to accomplish. That is what your taxes pay! On one hand you demand good, professional police officers, but on the other hand, demand not a penny be spent. Sorry, cant have it both ways. If an officer is being unlawfully, interrupt it if you can. If you can not, film it. Then either take it to the police, the media, or the FBI. Or all three. In the 'heat of the moment' people let their emotions override their better judgement. Simply stopping a police officer from starting to beat someone, forcing them to think rather than lash out; could prevent something worst. quote:
ORIGINAL: Real0ne “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. How do you know the warrant is defective or not issued without an affidavit there Sherlock? quote:
ORIGINAL: Real0ne “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. So a person is allowed to be 'Judge and Jury' and preside over another's murder without penalty..... Its one thing to be in your house and maybe 'place of business'. Its another to be on a street or a park. Because then its 'your word verse the corpse'. After all, how do we know the assault wasn't the other way around? We have a person claiming he killed a police officer in self defense. Yeah, I'd side with the police officer unless that guy had some REALLY good evidence. quote:
ORIGINAL: Real0ne “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. After every instance in which the police officer deals with an issue from the public, they have to make a report. In situations that demand much more, the police officer must give more information. In the case in which the officer may have being behaving unlawfully, they are allowed a lawyer. You make it sound like nothing happens after a bad situation takes place involving the police and the public. An you can not be any further from the truth and fact here! When the public expresses that a situation did not go according to law, or the standards of law people believe are active; it does requirement the government to step in and check everything out. This involves an investigation. Unfortunately for our impatient society, it does take time to go over all the facts and check for evidence. That you hate government and the police, is....NOT....enough proof in any given situation of wrong doing on the part of the police, RealOne. If they perform unprofessional and/or illegally, its up to.....YOU.....to prove their guilt. Most likely in a court room. Most people do not have access to the caliber of lawyers that police typically have in their court. quote:
ORIGINAL: Real0ne “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). And what happens when some moron resists, violently with the perception of an illegal arrest? Their next of kin are notified of the funeral.... If a police officer is arresting you in a calm and just manner, go with the flow. Becoming belligerent, toxic, or hostile, will only racket up the possible effects. Increases the likelihood the police officer makes a mistake. You want them making mistakes during a dangerous situation? Since there are plenty of moments this has happened and ended badly for both the ones being arrested and bystanders. quote:
ORIGINAL: Real0ne “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). That would assume knowledge of the law. Most people, are not Mattlock. There are plenty of people that think they know what the laws are or their rights; and end up creating more problems for themselves. You pull a gun on an officer; he's allowed to do the same. You aim at him, he's allowed to shoot you dead! There is passively resisting an arrest, and being a moronic asshole when being arrested. That you can't tell the difference between the two is your problem, not ours! quote:
ORIGINAL: Real0ne “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). You come to the aid of your friend whom the....ARMED....officer is arresting and see what happens. We'll tell your next of kin that you were an idiot.... Again, there is more than one way to resist an arrest without creating a more explosive event from taking place. By you taking an active role in protecting your friend from that 'evil dog of a police officer', you are making things worst, not better, for your friend. Most likely, both of you will be going to jail as the officer's buddies step in and club you like a baby seal! quote:
ORIGINAL: Real0ne http://www.constitution.org/uslaw/defunlaw.htm I find your website amusing. It 'claims' it knows constitutional law and how to 'fight the system'. Yeah, take its 'suggestions' RealOne. Tell us from jail how effective they were.... quote:
ORIGINAL: Real0ne there is another side to judge dredd law enforcement we see in the us today. The movies paint Judge Dredd in very mild colors compared to the comics. Its like the TMNT on the big screen verse the comics that started things. One is 'playing with fake weapons' the other is 'fucking violence with a side of destruction'. But they are both pieces of fiction and not based even remotely on reality. Like the grand majority of your arguments so far....
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