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Thread: Illegal Arrest

  1. #1
    Regular Member xmanhockey7's Avatar
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    Lets say you are illegally arrest what action could be taken against the officer or the department? Could the officer face a citation, fine or even jail time for it. This is hypothetical and has not happened to me.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  2. #2
    Regular Member dougwg's Avatar
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    ****, call the wife who will in turn, call my lawyer for me.

  3. #3
    Regular Member We-the-People's Avatar
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    Ditto times 1 million!!!!
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  4. #4
    Regular Member autosurgeon's Avatar
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    dougwg wrote:
    ****, call the wife who will in turn, call my lawyer for me.
    In my case same as above but I call my brother who knows to do the same thing.
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  5. #5
    Regular Member xmanhockey7's Avatar
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    I'm not saying what do you do I'm saying what could happen to the officer.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  6. #6
    Regular Member Michigander's Avatar
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    If you played your cards right and persued federal charges and law suits, the officer could easily be facing prison time and huge fines. The department would also be liable to loose big money.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

  7. #7
    Regular Member kryptonian's Avatar
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    a person arrested without warrant must be brought in front of a judge/magistrate usually the next business court date. before that a prosecuting attorney rep must look over the details of your offense before committing to a warrant to hold you. if the arrest is illegal it would more than likely be caught at one of those first legal reviews. officers like friday night arrests because you have to wait until monday to get a hearing. if it makes it past that and you are held and bond out of jail you then are of course due a trial. regardless of which point you are released from an unlawful arrest you push the prosecution of the officer.
    my thoughts is the officer would tack on something else to cover himself either real or manufactured. **** is the best advice i saw on here. hope this helps form an answer for you.

  8. #8
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    dougwg wrote:
    ****, call the wife who will in turn, call my lawyer for me.
    +1,000,000

  9. #9
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    dougwg wrote:
    ****, call the wife who will in turn, call my lawyer for me.
    Yeah that.

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