“You cannot resist arrest,” Kerik states.
“If Eric Garner did not resist arrest, the outcome of this case would have been very different. He wouldn’t be dead today… Regardless of what the arrest was for, the officers don’t have the ability to say, ‘Well, this is a minor arrest, so we’re just going to ignore you.'”
Plummer v. State, 136 Ind. 306.
John Bad Elk v. U.S., 177 U.S. 529.
Housh v. People, 75 111. 491.
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.
Runyan v. State, 57 Ind. 80.
Miller v. State, 74 Ind. 1.
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).
“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).