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| | Resisting arrest (J.D. Baldwin) |
 | | Arrests may also be made on warrants issued by a judge or magistrate, but these warrants must be valid to be lawful. | | | Unlawful arrests may be made of suspects who are guilty as sin, and perfectly lawful arrests may be made of suspects who are later show to be clearly and obviously innocent of any wrongdoing at all. | | | Resisting or escaping from an illegal arrest is not a crime. |
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http://yarchive.net/gun/politics/resist_arrest.html
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| | CCLR: Resisting Unlawful Arrest in Mississippi |
| | He contended his arrest was unlawful because he had not been provided a hearing on the contempt of court charge before the arrest warrant for failure to appear was issued, as required under state law. | | | The Supreme Court acknowledged that the arrest was unlawful, but held that the officers were engaged in a good-faith effort to arrest Murrell, unaware that the warrant was invalid. | | | The sheriff was without a warrant, and state law forbade the arrest for a misdemeanor not committed in the presence of the officer. |
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http://www.boalt.org/CCLR/v2/v2hemmensnf.htm
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| | Resisting unlawful arrest - Wikipedia, the free encyclopedia |
| | Many states such as Illinois have clauses in the law to prevent any legal justification of a resisting unlawful arrest. | | | Defendants who use this defense are arguing that they should not be held liable for a crime, since the actions taken were intended to protect them from an unlawful arrest. | | | Resisting unlawful arrest is a possible justification for breaking the law. |
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http://en.wikipedia.org/wiki/Resisting_unlawful_arrest
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| | James Galvin vs. The State. |
| | An unlawful arrest, made bona fide under color of legal authority, is a trespass, and like other trespasses, it may, or may not, in the particular case, constitute an aggravated provocation. | | | An unlawful arrest made, bona fide, under color of legal authority, is but a trespass, and like other trespasses, it may not in the particular case, constitute an aggravated provocation. | | | Presumption in favor of the action of the Court. |
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http://www.guncite.com/court/state/46tn283.html
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| | Michigan Appellate Digest - 208869 Detroit v Smith |
| | The legality of an arrest is an element of the charge of resisting arrest and thus the right to resist an arrest is defense to the charge. | | | However, the right to resist may not be asserted to protect a third party from the arrest. | | | Under the circumstances, the defenses do not apply, and thus the trial court properly refused to give the instructions. |
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http://courtofappeals.mijud.net/Digest/newHTML/20886921.htm
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| | SurfWax: News, Reviews and Articles On Resisting Arrest |
| | Polejewski also is working on a plea agreement in a felony case accusing her of resisting arrest and assaulting an officer who was trying to seize the dogs. | | | The passengers were charged with unlawful use of a vehicle with circumstance of aggravation and attempted breaking into and entering premises with intent. | | | He was charged with criminal trespass, resisting arrest and two more counts of child endangerment, and jailed without bail. |
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http://www.lawkt.com/files/Resisting_Arrest.html
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| | Section 575-150 Resisting or interfering with arrest--p |
| | This section applies to arrests, stops or detentions with or without warrants and to arrests, stops or detentions for any crime, infraction or ordinance violation. | | | However, nothing in this section shall be construed to bar civil suits for unlawful arrest. | | | (1993) Statute requires for the crime of resisting arrest: first that a person knows that a law enforcement officer is making an arrest, and second that the person resists the arrest by fleeing for the purpose of preventing the officer from effecting the arrest. |
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http://www.kcpoa.org/legal/575-150_resisting.htm
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| | ipedia.com: List of basic criminal justice topics Article |
| | Abuse defense -- Actus reus -- Administrative law -- Affray -- Arraignment -- Arrest warrant -- Arson -- Assault -- Attendant circumstances | | | Case law -- Causation -- Chain of custody -- Citizen's arrest -- Civil law -- Clearance rate -- Common law -- Concurrence -- Concurrent sentence -- Conflict model -- Consecutive sentence -- Consensus model -- Corpus delicti -- Corrections -- Creative lawyering -- Crime -- Crime control -- Crime index -- Criminal justice -- Criminology |
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http://www.ipedia.com/list_of_basic_criminal_justice_topics.html
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| | HADC - Defendants' instructions to the jury: refused by the court, 1886 Aug. 19. |
| | Such attempt if made, would be unwarranted and illegal, and might legally be resisted with such necessary and reasonable degree of force as to prevent the consummation of such dispersal. | | | While any act done by a member of an unlawful conspiracy in furtherance of the common design is the act of all, yet collateral acts carry responsibility only to the individual or individuals | | | The court instructs the jury that in order to convict the defendants they must not only find that they entered into an illegal conspiracy, and that the Haymarket meeting was an unlawful assembling in aid of said conspiracy, but that in addition thereto |
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http://lcweb2.loc.gov/award/ichihay/volumeo/O011-023.html
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| | [No title] |
| | ADJUDICATION The dual court system including state and federal courts. | | | Weeks v US (1914) Fruit of the Poisoned Tree Doctrine: Silverthorne Lumber Co. v US (1918), Anything derived from illegally seized evidence cannot be used in a trial. | | | DEFENSES TO CRIMINAL ACTS Defenses show why that person should not be held liable for a criminal charge. |
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http://utminers.utep.edu/lgang/cj1301ovw2.doc
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| | Wikinfo Justification |
| | Justification (a term of jurisprudence) is a form of defense in which a defendant argues that although they broke the law, they should not be held liable for, or found guilty of, a crime, as some special or extenuating circumstance(s) existed such that the illegal action was, for some reason or other, reasonable and acceptable. | | | Possible justifications include: consent, defense of others, defense of property, necessity, resisting unlawful arrest, and self-defense. |
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http://www.wikinfo.org/wiki.php?title=Justification
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| | Arrest For Seizure-Related Behavior |
| | In order to comply with the non-discrimination mandate, it is often necessary to provide training to public employees about disability. | | | Answer Place > Legal Aspects > Criminal Justice > Arrest For Seizure-Related Behavior | | | For example, persons who have epilepsy, and a variety of other disabilities, are frequently inappropriately arrested and jailed because police officers have not received proper training in the recognition of and aid for seizures. |
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http://epilepsyfoundation.org/answerplace/Legal/criminaljustice/arrest.cfm
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| | Hexapedia - List of basic criminal justice topics |
| | A Abuse defense -- Actus reus -- Administrative law -- Affray -- Arraignment -- Arrest warrant -- Arson -- Assault -- Attendant circumstances | | | R Rape -- Resisting unlawful arrest -- Robbery |
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http://www.hexafind.com/encyclopedia/List_of_basic_criminal_justice_topics
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| | [No title] |
| | Appellant did not specifically challenge the sufficiency of the evidence tending to prove that he had obstructed justice. | | | Arthur Middleton Smith (appellant) appeals from a judgment of the Circuit Court of Stafford County convicting him of obstructing justice and two counts of assaulting a law enforcement officer. | | | Because appellant did not preserve the issue of the sufficiency of the evidence for appeal, we affirm his convictions. |
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http://www.courts.state.va.us/opinions/opncavwp/0330004.doc
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| | Defenses to Crime |
| | Why can't citizens, for example, appeal to a higher duty when they think their arrest is unlawful? | | | A dilemma in law arises with the notion of resisting unlawful arrest. | | | The idea here is that there's a higher loyalty, and it's located in upholding the law. |
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http://www.faculty.ncwc.edu/toconnor/293/293lect06.htm
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| | www.webstreamhosting.com - History & Culture: Ethnicity, Folklore, Mythology information |
| | The Austin IMC is a volunteer, non-corporate effort to provide news coverage and media resources to the disempowered united states. | | | Robert james taylor arizona arrest and history Resisting Unlawful Arrest in Mississippi: examines the development and history of the right to resisting arrest was Taylor v. | | | Arkansas Police claim that Rocha resisted arrest and that during the struggle Officer Hispanic male with a criminal history yelling, a suspect who has. |
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http://www.webstreamhosting.com/content/chapter60.html
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| | #3 Mens Rea, Justification and Affirmative Defenses |
| | There are of course other examples, but the point is that you can avoid punishment for a crime even if it's the police you're defending yourself from. | | | One of the more controversial justification arguments is resisting unlawful arrest. | | | Weaver was found not guilty by a jury by way of resisting an unlawful arrest, and the deadly force was allowed since the police had fired the first lethal shots. |
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http://www.neo-libertarian.com/scotuswork3.html
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| | [No title] |
| | 2 - there are provisions for allowing resisting unlawful arrest | | | 11 - there seem to be provisions for using pf in self defense or defense of other if arrest, but not spelled out | | | 16 - can resist arrest if excessive force is used, but not if the arrest is otherwise unlawful. |
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http://www.jenningscc.com/TaeKwonDo/lawsummary.htm
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| | Quia - Police and The U.S. Constitution |
| | Question about restriction upon police powers to investigate and arrest. | | | This activity was created by a Quia Web subscriber. | | | To learn how to make your own, just like this, click here. |
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http://www.quia.com/pop/15700.html
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| | OSCN Found Document:Chappell v State |
| | The physicians who examined the body testified that any one of five of the wounds would have been fatal. | | | of defendant, and defendant testified deceased attempted to arrest him to take him to the town of Porter, and that he killed him in resisting an unlawful arrest. | | | On the morning of the difficulty, deceased went to the home |
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http://www.oscn.net/applications/oscn/DeliverDocument.asp?citeID=38405
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| | CRIMINAL LAW |
| | 531 Temple Law Review Summer, 1993 Pennsylvania Courts Review, 1992 CRIMINAL LAW--NO. THE "RESISTANCE NOT REQUIRED" STATUTE AND "RAPE SHIELD LAW" MAY NOT BE ENOUGH--COMMONWEALTH v. | | | THAT RESISTANCE TO AN ARREST FOUND TO BE UNLAWFUL CANNOT RESULT IN A CONVICTION FOR RESISTING ARREST BUT CAN RESULT IN CONVICTION FOR AGGRAVATED ASSAULT. |
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http://www.mathcs.duq.edu/~raod/CRIMINAL.htm
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| | COMMENTS |
| | Now by Berg's and Sofaer's twisted logic, it should be okay for liberals resisting unlawful arrest to target not only the National Guardsmen sent out from Alabama to arrest them, the political leaders giving them orders and (here's the fun part), the 'spiritual leaders' (say Sofaer, Berg, Limbaugh, et. | | | Bush locks them up in an extralegal fashion (he has set a precedent there). | | | All jesting aside, these people are sick sick sick! |
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http://www.needlenose.com/pMachineFree2.2.1/comments.php?id=1032_0_1_0_C
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