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Monday, November 14, 2011

Occupy PROTESTORS: You May Resist Unlawful Arrest.


http://tinyurl.com/83dq8qc

Resisting Police Desires Is Labeled “Violence” … Even If Police Action Is Unlawful

UC Berkeley Campus Police trying to blame LAWFUL protestors! 
The San Francisco Chronicle notes:

University police say the students, who chanted “You’re beating students” during the incident, were not innocent bystanders, and that the human fence they tried to build around seven tents amounted to a violent stance against police.
But many law enforcement experts said Thursday that the officers’ tactics appeared to be a severe overreaction.
Both the ACLU and the National Lawyers Guild said they had “grave concerns about the conduct” of campus police.
“Video recordings raise numerous questions about UCPD’s oversight and handling of these events, including whether law enforcement were truly required to beat protesters with batons,” the two groups wrote in a letter to campus officials.

Bennett said police merely wanted to enforce the ban on camping on Sproul Plaza, but were prevented from doing so by students.


“Students who linked arms were interfering with the officers who were attempting to remove those tents,” she said. 

But as you know the camping ban itself is UNLAWFUL interference of your First Amendment rights! Therefore Police were trying to enforce an ILLEGAL LAW and
as David reminds us below, it is every citizens right and duty to resist unlawful arrest.

But the bigger issue is that dissent has become criminalized in modern America.
Peaceful protest - as shown by the Berkeley example-is considered 'violence.'
Indeed, disagreeing with the 'government' may get one labeled as a 'terrorist'.
The Department of Homeland Security and police forces label anyone who they disagree with – or who disagrees with government policies – as “terrorists”.
Don’t believe me?
Well, according to a law school professor, pursuant to the Military Commissions Act, “Anyone who … speaks out against the government’s policies could be declared an ‘unlawful enemy combatant’ and imprisoned indefinitely. That includes American citizens.”
Thus the Right Wing in our country is using anti-terrorism laws to crush dissent. Don't allow this we must fight back and defend our First Amendment rights. ALL OF THEM!

Here is one way to do this Resist False Arrest!


Response to Resisting Police Desires Is Labeled “Violence” … Even If Police Action Is Unlawful

  1. david says:
    It is every citizen’s duty to resist false arrest

    There is no such crime as “resisting arrest.” This is a fictitious crime dreamed up by law enforcement to accuse a citizen of a crime when they refuse to surrender to the illegal demands of the police
    .
    The U.S. Supreme Court has ruled on numerous occasions that resisting a false arrest is not merely a citizen’s right, but his duty! In fact, the Supreme Court has gone so far as to rule that if a law enforcement officer is killed as a result of actions stemming from a citizen’s attempts to defend themselves against a false arrest, it is the fault of the officer, not the citizen.

    Here’s a short collection of relevant court rulings on false arrest and resisting arrest:

    “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).

    Do individuals have the right to come to the aid of another citizens being falsely arrested? You bet they do. As another court case ruled:

    “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).

    And on the issue of actually killing an arresting officer in self defense:

    “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. 

    BLOG writer notes: 
    I believe that violence discredits the entire protest movement.  I therefore hope that the protesters remain peaceful, even when confronted with unlawful arrests. However, as David points out, the police have no right to make unlawful arrests in the first place.

    Washington's Blog is a frequent contributor to Global Research.  Global Research Articles by Washington's Blog

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