Monday, September 9, 2013

Unlawful Arrests

“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).

"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

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