Bad Elk v. United States
What are the arrestee's rights of process, during illegal arrests?
OK first I know I’m posting a rehash of GPT-AI, but I was just personally updating my knowledge of this case, regarding the American laws regarding illegal arrest, and I thought I should share this info.
Bad Elk - Discussion Click this link.
The case law has always been swinging like an open door. It is founded on common law. It has been somewhat delimited, but not overturned.
Holding:
A person has the right to use reasonable force to resist an unlawful arrest. This case has influenced generations of jurisprudence, although modern applications have evolved, especially in light of public safety and changes in state statutes.
John Bad Elk, a Native American police officer, shot and killed another officer who attempted to arrest him without a warrant. The Supreme Court reversed his conviction for murder, ruling that he had a right to resist the unlawful arrest, even with lethal force, if necessary.
In spite of this being Supreme Court case law, I’m sure some snitchy type will want to squeal to the Masters of America that I am fomenting sedition by quoting case law. If it’s got that bad, it’s got that bad.