Date: Fri, 24 May 1996 14:12:39 -0400
From: "Howard L. Bloom" <[Howard L Bloom] at [pc-man.com]>
To: Multiple recipients of list <[n--b--n] at [mainstream.net]>
Subject: Useful RKBA Citations -- As published in AntiShyster

"One who interferes with another's  liberty does so at his peril."
University of  Pennsylvania Law Review, vol. 75, p. 491,  April 1927.

"Anyone who assists or participates  in an unlawful arrest or imprisonment
is  equally liable for the damage caused." Cook  V. Hastings, 150 Mich. 289,
114 N.W. 71,72  (1907).

"...any seizure or arrest of a citizen  is not reasonable, or 'due process'
merely  because a Legislature has attempted to  authorize it. These phrases
(due process  provisions) are limitations upon the power of  the Legislature
as well as upon that of the  other departments of the government, or  their
officers." Ex Parte Rhodes, 202  Ala.68,79 So.462,464 (1918).

"The carrying of arms in a quiet,  peaceable, and orderly manner, concealed
on  or about the person, is not a breach of the  peace. Nor does such an
act, of itself, tend  to a breach of the peace." Wharton's  Criminal and
Procedure,  12th. Ed., vol.2,  "Breach of the Peace", 803, p.660 (1957);
Judy v. Lashley, 50 W. Va. 628, 41 S.E. 197,  200 (1902).

"As is the case of illegal arrest, the  officer is bound to know these
fundamental  rights and privileges, and must keep within  the law at his
peril." Thiede v. Town of  Scandia, 217 Minn. 218,231, 14 N.W. 2d 400  (1944).

"Though the police are honest and  their aims worthy, history shows they are
not appropriate guardians of the privacy  which the Fourth Amendment
protects."  Jones v. U.S. 362 U.S. 257, 273 (1959).

"A sheriff who acts without process,  or under a process void on its face,
in doing  such act, he is to be considered but a  personal trespasser."
Roberts v. Dean, 187  So. 571, 575 Fla. (1939).

"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
lot  an offense to liberate one from the unlawful  custody of an officer,
even though he may  have submitted to such custody without  resistance."
Adams .State, 121 Ga.163,48  S.E.910 (1904).

"An illegal arrest is an assault and  Battery. The person so attempted to be
restrained of his liberty has the same right,  and only the same right, to
use fbrce in  defending himself as he would have in  repelling any other
assault and battery."  State v. Robinson 145 Me. 77, 2 Atl. 260,262  (1950).
"The offense of resisting arrest,  both at common law and under statute,
Presupposes a lawful arrest. It is axiomatic  that every person has the
right to resist an  unlawful arrest. In such case the person  attempting the
arrest stands in he position  of a wrongdoer and may be resisted by the  use
of force, as in self-defense." State v.  Mobley 240 N.C. 476, 13 S.E. 2d
100,102  (1954).
"There is no justification for the  taking of fingerprints, photographs and
other measurements in advance of  conviction"  McGovern v. Van Riper, 43 A
2d 514, 137 N.J. Eq. 24 (1945). 
 
"It is better, so the Fourth Amendment  teaches, that the guilty sometimes
go free  than that citizens be subject to easy arrest."  Henry v. U.S., 361
U.S.98, 104 (1959).

Courtesy of February 1996, New  Jersey Militia Newsletter, POB 10176,
Trenton, N.J. 08650 609-695-2733  
Howard L. Bloom
======================================================
Article Posted without prejudice per U.C.C. 1-207

"If you want a picture of the future, imagine a boot stamping on a human
face." -- George Orwell (Eric Blair; 1903-50) British Novelist, Nineteen
Eighty-Four