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A Montara man walking two lapdogs off leash was hit with an electric-shock gun by a National Park Service ranger after allegedly giving a false name and trying to walk away, authorities said Monday.
The ranger was trying to educate residents of the rule, Levitt said.
Witnesses said the use of a stun gun and the arrest seemed excessive for someone walking two small dogs off leash.
"It was really scary," said Michelle Babcock, who said she had seen the incident as she and her husband were walking their two border collies. "I just felt so bad for him."
Babcock said Hesterberg had repeatedly asked the ranger why he was being detained. She didn't answer him, Babcock said.
"He just tried to walk away. She never gave him a reason," Babcock said.
The ranger shot Hesterberg in the back with her shock weapon as he walked off, Babcock said.
"We were like in disbelief," she said. "It didn't make any sense."
Read more: www.sfgate.com.../c/a/2012/01/30/MN921N0LQT.DTL#ixzz1l3rKVPHD
Originally posted by Zanti Misfit
Your Rights as a U.S. Citizen Against Unlawful Arrest ..........
“Citizens may resist Unlawful arrest to the point of taking an 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 was commited.”
“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within within jurisdiction, and one who is being arrested, may resist arrest and break away. If 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. 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 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. 1; 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, ther 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.
“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.
I am sure some Police Officers in this Country are Unaware about these Court Decisions when Overstepping their Authority . People who know the Law should Remind them about it from Time to Time for the sake of their Own Safety . The Woman in this Video was Intimidated by that Police Officer because she was just Not Aware of her Rights and Cow Downed to his Intimidation of her Ignorance . She should take this matter to a Lawyer Immediately and press charges against him IMO .
Originally posted by type0civ
reply to post by Xcathdra
The reality is you and anyone else is likely to break a "law" daily. Not with criminal intent mind you...but because every action that has offended someone is now legislated as "unlawful". Your blind love for every law passed is disturbing.
Originally posted by Xcathdra
reply to post by -W1LL
Ah yes... the actions of one are somehow distorted by those who don't know the law into to somehow being a standard for every single law enforcement officer in the country and outlying territories. Yet at the exact same moment the same jump to conclusion fails to recognize the civilian broke the law as well, attempting to walk away from a lawful detention / stop.edit on 31-1-2012 by Xcathdra because: (no reason given)
The ranger was trying to educate residents of the rule, Levitt said.
Originally posted by nightbringr
Roflmao @ people comparing this to Hitlers SS.
The day they start summarily executing people on the streets ill agree.