1. “An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).
2. “Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self-defense.’ (State v. Mobley, 240 N.C. 476, 83 S. E. 2d 100).
3. “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 not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S. E. 910).
4. “These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence as they do to a private individual who unlawfully uses such force and violence.” (Jones v. State, 26 Tex. App. I; Beavers v. State, 4 Tex. App. 175; Skidmore v. State 43 Tex. 93, 903. Horizontal Divider 12).
…Police Officers can only ask for your identification when an investigation is under way, and you are a part of it. Therefore, when they hinder you, they are saying that you are under investigation. Their car lights and sirens are to only go on if there is an investigation. Therefore, when they hinder you, they are saying that you are under investigation. Their car lights and sirens are to only go on if there is an investigation. Therefore they must identify to you the investigation, and your part in it.
UNLAWFUL DETAINMENT, ARREST & SEARCH:
1. Owen v. Independence, 100 S.C.T. 1398, 445 US 622
“Officers of the court have no immunity when violating a Constitutional right. From liability. For they are deemed to know the law.”
2. Hoffsomer v. Hayes, 92 Okla 32, 227 F. 417
‘The courts are not bound by an officers interpretation of the law under which he presumes to act.’