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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