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SlimJimmy

(3,180 posts)
3. If an eviction order has been issued, then any refusal to disperse would be subject to a lawful
Sun Jan 15, 2012, 01:03 AM
Jan 2012

arrest. The mere fact that we *believe* the arrest to be unlawful is not enough to resist. I would never advise anyone to actively resist an arrest under those circumstances. Let it get sorted out in court.

“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.


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.

http://constitution.org/uslaw/defunlaw.htm
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