Thursday, June 4, 2020

Bad Elk v. United States: In Which States is it Legal to Resist Unlawful Arrest with Force?

     The map below shows in which states it is legal and illegal to resist unlawful arrest by police officers. Bad Elk v. United States is still in effect in the states marked in blue, while it is being ignored in the states marked in red.

     In the 1899/1900 U.S. Supreme Court case Bad Elk v. United States, the court ruled - unanimously, by the way -  that an individual has the right to use force to resist an unlawful arrest.

     You can learn more about this topic by researching Bad Elk v. U.S., and subsequent cases which affected it. The book source for the information on state laws, which is cited on the image below, is available at the following link:

     This map was accurate as of 2012. The author does not know whether any newer data on this topic are available.









Created, Written, and Published on June 5th, 2020

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