Man Arrested for Trespassing on his own Land

[Cowlesy]

http://www.duluthnewstribune.com/event/article/id/153801


Jeremy Engelking will appear in Douglas County court this afternoon to face a trespassing charge. But here’s the kicker: The Superior man allegedly trespassed on his own property.

Engelking, 27, aimed to hunt deer Wednesday morning when he noticed a pipeline crew on his land. He hopped on his ATV and told workers they had no right to be on his property because he had received no compensation from Enbridge Energy Partners L.P. for an easement.

Engelking said workers told him he was in an unsafe place and asked him to come to an equipment staging area, where he continued to argue his case.

But just as he was turning to leave, Engelking said an officer from the Douglas County Sheriff’s Department arrived on the scene and approached with a Taser drawn.

“He ordered me to 'get down on the ground now!' And he said that I was being arrested for trespassing,” Engelking said.

When Engelking protested, pointing out that he was on his own property, he said Sgt. Robert Smith told him: “It doesn’t matter. You’re going to jail. You can tell it to a judge tomorrow.”

More at the link.

[FSP-Rebel]

Heh, gotta love it. Arrest first, ask questions later..

[Isaac Bickerstaff]

The cop was actually trespassing--and threatening with a potentially lethal weapon, not to mention kidnapping and false imprisonment. Any decent lawyer should be able to get several felony convictions on that cop.

[Anti Federalist]

More at the link.

I was going to comment on this...but NVM

[HOLLYWOOD]

POLICE STATE... NOW you know why other countries detest the Imperial Empire Americans moving in on their turf.

I just heard from some Fijians pissing about the US and their new Billion dollar bunker Embassy. Of course when islanders are wonder when a police state invader starts building up crap like above, you know it has all bad inklings of policing them in the future.

[PBrady]

Let's hope Obama thinks that the Douglas County Sheriff's Office acted stupidly this time, too.

...i'm not holding my breath.

[Anti Federalist]

POLICE STATE... NOW you know why other countries detest the Imperial Empire Americans moving in on their turf.

I just heard from some Fijians pissing about the US and their new Billion dollar bunker Embassy. Of course when islanders are wonder when a police state invader starts building up crap like above, you know it has all bad inklings of policing them in the future.

A bunkered compound in Fiji 'eh?

The fuckers gotta run somewhere I guess.

[angelatc]

The other cops are going to laugh at that cop in the locker room.

[SelfTaught]

The other cops are going to laugh at that cop in the locker room.

Or high five him for getting away with it, which he probably will.

[PBrady]

Yeah, I gotta go with SelfTaught on this one.

[jkr]

can we fightr back NOW?

[kahless]

POLICE STATE... NOW you know why other countries detest the Imperial Empire Americans moving in on their turf.

I just heard from some Fijians pissing about the US and their new Billion dollar bunker Embassy. Of course when islanders are wonder when a police state invader starts building up crap like above, you know it has all bad inklings of policing them in the future.

I am outraged to but I wish people would get a grip here when it comes to this country. Sure we have our faults but lets not get carried away. I suspect if we are fortifying our embassy in Fiji it is probably a wise choice considering the recent coup and military dictatorship. They have other things to worry about in Fiji than an "imperial empire Americans" moving in on their turf. :rolleyes:

Have not been following that closely but just scratching the surface here.

http://www.theaustralian.com.au/news/nation/fiji-strips-licences-from-broadcasters/story-e6frg6nf-1225800999233


THE military-installed Fiji government has removed all broadcasting licences and given Attorney-General Aiyaz Sayed-Khaiyum the absolute power to renew or redistribute them without any compensation to those whose licences are stripped


Coup culture 'risks starving people of Fiji'
http://www.theaustralian.com.au/news/nation/coup-culture-risks-starving-people-of-fiji/story-e6frg6nf-1225795565541


"The urban poor particularly are at severe risk of deteriorating nutrition because the costs of basic foods such as rice and flour had risen sharply, while their incomes had either stagnated or been reduced," Professor Narsey said.

A fellow USP academic -- who would not be named -- told The Australian yesterday that a pall of censorship had fallen over the country, and a handful of academics critical of the regime had been verbally "silenced".

"People are risking their safety if they speak out. Under emergency decrees, the military have arrest and detention powers. People are scared," the academic said.

Those making even well-meaning comments against the regime's policies were likely to be taken to a military camp and subjected to abuse like (Australian National University professor) Brij Lal, the academic said.

[BlackTerrel]

I've stopped being amazed by police stupidity.

[BlackTerrel]

I am outraged to but I wish people would get a grip here when it comes to this country. Sure we have our faults but lets not get carried away. I suspect if we are fortifying our embassy in Fiji it is probably a wise choice considering the recent coup and military dictatorship. They have other things to worry about in Fiji than an "imperial empire Americans" moving in on their turf. :rolleyes:

Hmmm... doesn't Ron Paul drink Fiji water. This is extra suspicious.

[pcosmar]

:mad:
I would post my thoughts on this, but it would likely violate forum rules. So I will just post the law.

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


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)


More here,
http://www.constitution.org/cs_defen.htm

[ClayTrainor]

This is just sad...

[coyote_sprit]

They want me to register to view the full story...

[phill4paul]

I don't really know what to think in this case. Yes he was on his own property. However, he had entered a previous contract that was being disputed.
Advise, don't enter into contracts with the devil.

[malkusm]

:mad:
I would post my thoughts on this, but it would likely violate forum rules. So I will just post the law.

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


More here,
http://www.constitution.org/cs_defen.htm

Interesting - thanks for the links/info :cool:

[Cowlesy]

A bunkered compound in Fiji 'eh?

The fuckers gotta run somewhere I guess.

yup.


:mad:
I would post my thoughts on this, but it would likely violate forum rules. So I will just post the law.

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


More here,
http://www.constitution.org/cs_defen.htm

and yup.

[angelatc]

I'll stand up for your right to do it, but I'm never going to think that taking somebody's life is a better alternative than spending a single night in jail.

[LibForestPaul]

I'll stand up for your right to do it, but I'm never going to think that taking somebody's life is a better alternative than spending a single night in jail.

you will, when the markets are bear, you will.

[getch36]

Any excuse to pull the Taser out,Brainless wonders .