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46 Drake L. Rev. 383 (1997-1998)
Resisting Unlawful Arrests: Inviting Anarchy or Protecting Individual Freedom

handle is hein.journals/drklr46 and id is 417 raw text is: RESISTING UNLAWFUL ARRESTS: INVITING ANARCHY OR PROTECTING INDIVIDUAL FREEDOM? Andrew P. Wright* TABLE OF CONTENTS I. Introduction ............................................................................ 383 II. The Right Explained- Scope .................................................. 384 A . H istorical Background ...................................................... 385 1. Improved Jail Conditions and the Birth of Procedural Safeguards ............................................ 389 2. Preference for Judicial Resolution of the Unlawfulness of the Arrest ..................................... 390 B. Difficulty in Distinguishing Between a Lawful and an Unlawful Arrest ................................................ 392 C. The Existence of Alternative Remedies .............................. 393 1. Exclusion of the Fruits of the Illegal Arrest ............ 393 2. C ivil Rem edies ............................................................ 396 a. 42 U .S.C . § 1983 .................................................. 396 b. False Im prisonm ent ............................................... 398 D. What Remains After the Abrogation of the Right ............... 399 III. State v. Valentine-A Cautionary Tale .................................... 401 IV . C onclusion .............................................................................. 406 Freedom is a man's natural power of doing what he pleases, so far as he is not prevented by force or law.1 I. INTRODUCTION At the heart of the American psyche is the staunch belief that we cannot tolerate threats to personal freedom. Our nation's history is rife with stories of great men united as one to fight tyranny and injustice. This belief was borne first from within the individuals involved and, in time, propagated into the massed armies that eventually sent the British home and established a new nation. Few American tenets are as fundamental as the protection of individual rights and freedoms. Indeed, the government's pledge to protect this princi- ple is embodied in the very cornerstone of our government-the United States Constitution. Its twenty seven amendments serve as a reminder and recogni- * B.A., 1986, University of Virginia, J.D., 1989, Washington & Lee University. The author is a former prosecutor and criminal defense attorney. He currently teaches at Catholic University's Columbus School of Law and is of counsel to the criminal defense firm of Briglia & Hundley, P.C. 1. CORPUS ItURIS III, 1.

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