"Where officers do not conform to the 'law of the land' they have no authority and the right to resist them exists. A Public Officer, as with a citizen, who unlawfully threatens life or liberty, is susceptible to be injured or killed; for by such acts 'they draw their own blood upon themselves' As stated in some cases, 'where a peace officer has no right to make an arrest without warrant he is a trespasser and acts at his own peril." 6A CJS., "Arrest" Section 16 page 30; A sheriff who "acts without process," or "under a process void on its face, in doing such act, he is not to be considered an officer but a personal trespasser." Roberts v. Dean, 187 So. 571, 575 (Fla. 1939) "A person has a lawful right to resist an arrest by an unlawful authority, ie, an officer without a valid warrant." Franklin,118 Ga. 860, 45 SE 698 (1903) "What of the resistance to the arrest? The authorities are in agreement that since the right of personal property is one of the fundamental rights guaranteed by the Constitution, any unlawful interference with it may be resisted and every person has a right to resist an unlawful arrest. * * * and, in preventing such illegal restraint of his liberty, he may use such force as may be necessary." City of Columbus v. Holmes, 152 NW 2d, 301, 306 (Ohio App. 1058) "It is the law of self defense and self preservation that is applicable. "One has and "unalienable" right to protect his life, liberty or property from unlawful attack or harm." "* * * it is not an ...

• published: 05 Oct 2009
• views: 17125
• author: earthicastar