“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”
Your Right of Defense Against Unlawful Arrest
Thanks for the information. In my home state of Florida, a person is allowed to use force (but only non-deadly force) to resist an unlawful arrest. However, what constitutes an unlawful arrest is not always cut and dry. The mere fact that a defendant is subsequently acquitted of a crime is insufficient to prove the arrest was unlawful:
"In considering the legality of an arrest by a municipal officer for a breach of the peace committed in his presence, the determining factor is not whether the charged person is actually guilty. The question to be determined is whether or not the officer had substantial reason to believe the plaintiff was committing a misdemeanor. If substantial reason exists the courts cannot second guess the officer in the performance of his duty." City of Miami v. Albro, Fla. App. 1960,
120 So.2d 23, at p. 26.
The laws are complicated and vary from state to state. However it appears that many states consider an unlawful arrest to be a type of assault/battery which justifies forceful resistance. Here is an article you might enjoy:
Right to Defend Yourself Against Unlawful Arrest Freedom from Government - Official Website