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Article posted Jun 27 2012, 11:51 PM

Category: Tyranny/Police State

Source: CBS Local

Concealed Carry Permit Holder Says Cops Beat Him Up

MINNEAPOLIS (WCCO) - A Minneapolis man says he was beaten by police as he left a downtown nightclub.

Zachary King says he was walking to his car when police noticed his gun in his waist band. He claims he told police he had a permit to carry, but they still attacked him.

King suffered a concussion after five officers beat him on Father’s Day night. King says video of the assault was taken by a bystander. He says it all started when police noticed a bulge near his waist band.

“I have my conceal and carry, and it’s my gun. And soon as I said that he grabbed me by my neck, slammed me against the wall, snatched my gun out the holster, started waving it in the air saying ‘gun, gun, gun,’” said King.

King says he made no sudden moves, nor said anything disrespectful.

“Then four other officers just came and slammed me on my face, one of the officers had me by my head just banging it on the sidewalk,” he said.

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Peter

Posted: Jun 28 2012, 6:15 AM

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81161

I thought those guns where supposed to protect 'The People' from
EXACTLY that kind of Government tyranny/abuse ?
Doesn't seem like it's working, does it ??

In fact, the liberal gun-laws of the US give the cops a perfect excuse
for assuming anybody may be 'armed and dangerous' and approach them accordingly .

In my country it's very simple : Only cops and/or criminals pack heat !

Anonymous

Posted: Jun 28 2012, 10:26 AM

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172219

Well Peter, the "government" becomes the criminal when given absolute power. Read your history.

MMJ

Posted: Jun 28 2012, 5:34 PM

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6687

these union thugs are out of control.

Keudo

Posted: Jun 29 2012, 10:29 PM

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It'll change. Soon. Trust me. Cops like this will find themselves without jobs, without freedom, or worse. We aren't all going to sit back and take this.

Anonymous

Posted: Jul 03 2012, 9:35 AM

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78108

To bad a bystander did not know there rights of this thug action. The Pigs in this country are out of control - and the "I was just doing my job/following orders" wont work - as it didn't during the Nuremberg trials after WW2.

Read and know your rights people -

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

Your Right of Defense Against Unlawful Arrest

“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, 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. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”

“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.

“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.

“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; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.

“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).

“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).

“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).

“Story affirmed the right of self-defense by persons held illegally. In his own writings, he had admitted that ‘a situation could arise in which the checks-and-balances principle ceased to work and the various branches of government concurred in a gross usurpation.’ There would be no usual remedy by changing the law or passing an amendment to the Constitution, should the oppressed party be a minority. Story concluded, ‘If there be any remedy at all ... it is a remedy never provided for by human institutions.’ That was the ‘ultimate right of all human beings in extreme cases to resist oppression, and to apply force against ruinous injustice.’” (From Mutiny on the Amistad by Howard Jones, Oxford University Press, 1987, an account of the reading of the decision in the case by Justice Joseph Story of the Supreme Court.

As for grounds for arrest: “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, lead to a breach of the peace.” (Wharton’s Criminal and Civil Procedure, 12th Ed., Vol.2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197)

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