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Bad Elk v. United States
''John Bad Elk v. United States'', , was a case in which the United States Supreme Court held that an individual had the right to use force to resist an unlawful arrest and was entitled to a jury instruction to that effect. In 1889, a tribal police officer, John Bad Elk, shot and killed another tribal police officer who was attempting to arrest Bad Elk without a warrant, on a misdemeanor charge, for a crime allegedly committed outside of the presence of the arresting officer. The Supreme Court reversed his conviction, noting that a person had the right to resist an unlawful arrest, and in the case of a death, murder may be reduced to manslaughter. The Supreme Court held the arrest to be unlawful due, in part, to the lack of a valid warrant. This case has been widely cited on the internet, but is no longer considered good law in a growing number of jurisdictions.〔(United States v. Heliczer, 373 F. 2d 241 - Court of Appeals, 2nd Circuit 1967 )〕 Most states have, either by statute or by case law, removed the unlawful arrest defense for resisting arrest. The case also received negative treatment in 〔https://supreme.justia.com/cases/federal/us/532/318/case.html 〕 holding that an arrest without a warrant, even for a misdemeanor, is lawful.
== Background ==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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