William N. Grigg shows that the right to resist an unlawful arrest is essential to maintaining a free society. An excerpt:
We should work to re-instate statutory protection of the right to resist unlawful arrest in the 38 states that presently do not recognize that ancient and indispensable Common Law right.
Unless a police officer is dutifully enforcing a legitimate warrant, or has unassailable probable cause to believe that an individual has committed a felony, he has no business attempting to arrest anybody. That was the understanding that prevailed in the Anglo-Saxon world, in one form or another, from 1215 until the mid-1960s to mid-1970s, at least here in the United States.
Fifty years ago, the statutes of nearly every state recognized the right to resist unlawful arrest. Today, it is recognized only [in] Michigan, Wyoming, Oklahoma, Alabama, Georgia, Louisiana, Maryland, North and South Carolina, Tennessee, West Virginia, and Mississippi.
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Saturday, February 16, 2008
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