The English common-law right to resist unlawful police action existed for over three hundred years, and some scholars trace its origin to the Magna Carta in 1215....The United States Supreme Court recognized this right in Bad Elk v. United States, 177 U.S. 529, 535 (1900): ―If the officer had no right to arrest, the other party might resist the illegal attempt to arrest him, using no more force than was absolutely necessary to repel the assault constituting the attempt to arrest. The Supreme Court has affirmed this right as recently as 1948. United States v. Di Re, 332 U.S. 581, 594 (1948) (One has an undoubted right to resist an unlawful arrest, and courts will uphold the right of resistance in proper cases).
In the 1920s, legal scholarship began criticizing the right as valuing individual liberty over physical security of the officers. Hemmens & Levin...One scholar noted that the common-law right came from a time where ―resistance to an arrest by a peace officer did not involve the serious dangers it does today. Sam B. Warner, The Uniform Arrest Act, 28 Va. L. Rev. 315, 330 (1942). The Model Penal Code eliminated the right on two grounds: ―(1) the development of alternate remedies for an aggrieved arrestee, and (2) the use of force by the arrestee was likely to result in greater injury to the person without preventing the arrest... In response to this criticism, a majority of states have abolished the right via statutes in the 1940s and judicial opinions in the 1960s.
We believe that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence. Nowadays, an aggrieved arrestee has means unavailable at common law for redress against unlawful police action. E.g., Warner...(citing the dangers of arrest at common law—indefinite detention, lack of bail, disease-infested prisons, physical torture—as reasons for recognizing the right to resist); State v. Hobson, 577 N.W.2d 825, 835–36 (Wis. 1998) (citing the following modern developments: (1) bail, (2) prompt arraignment and determination of probable cause, (3) the exclusionary rule, (4) police department internal review and disciplinary procedure, and (5) civil remedies). We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries....Accordingly, the trial court‘s failure to give Barnes‘s proffered jury instruction on this right was not error.
On Thursday, Speaker John Boehner and Senate Minority Leader Mitch McConnell collaborated with Senate Majority Leader Harry Reid in a backroom pact to extend the so-called "Patriot" Act - with as little debate as possible - for 4 years before some of the most liberty-savaging components expire on Friday, May 27.
The surveillance state's ability to snoop through your business records, pry into your library book checkouts, monitor so-called "lone wolfs," and spy on your personal communications through roving wiretaps will be extended until 2015, which "coincidentally" is not an election year.
So much for all that lofty rhetoric last fall about adhering to the Constitution.
By taking a chainsaw to the Fourth Amendment, they have pledged their allegiance to the Surveillance State.
Even more galling, a cloture vote is scheduled for 5PM Monday, because they believed Senator Rand Paul would be out of town, and they would have a free hand to slip extending the government's domestic spying capabilities through without anyone noticing.
And that has always been the plan from the get-go.