Saturday, February 12, 2022

John Bad Elk vs United States

 He fired a gun into the air for fun.

In 1899 an indian policeman named John Bad Elk fired a gun into the air for fun. Man, he must have been bored.

Anyway, I guess the boss policeman sent some other police over to arrest him, without benefit of an arrrest warrant, or even a charge of any sort.

John Bad Elk said he would go in the morning as it was dark and his horse was "used up."

In any event the others tried to arrest him and John Kills Back was shot and killed.

The trial at supreme court apparently held he had the right to not be arrested but he didn't have the right to kill the guy. I think. 

Anyway, I believe the point is if you are being unlawfully arrested you have the legal right to defend yourself. Although you may be arrested for manslaughter instead of murder.

No comments:

Post a Comment