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Thread: Man Who Resisted Police Wins Supreme Court Case

  1. #1
    Regular Member PDinDetroit's Avatar
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    Jun 2009
    SE, Michigan, USA

    Man Who Resisted Police Wins Supreme Court Case

    Interesting Ruling...

    The Michigan Supreme Court says people can resist police officers who unlawfully enter their homes.

    In a 5-2 decision, the court ordered that charges be dropped against Angel Moreno Jr., a western Michigan man who was accused of obstructing officers at his home in Holland. The officers were looking for someone and tried to enter the home without a warrant.

    Lower courts had upheld charges of resisting police, based on a 2004 Supreme Court decision, but justices on Friday said that case was wrongly decided.

    The opinion was written by Justice Diane Hathaway. She and two other Democrats on the court were joined by two Republican justices, a rare alliance. The dissenters were Republican justices Stephen Markman and Robert Young Jr.

    An Ottawa County Circuit Court judge agreed that officers entered Moreno's home illegally, because they had no warrant, but said the state statute regarding resisting and obstructing makes no mention that officers must be performing a "lawful act" when the violation occurs.

    In 2002, state lawmakers removed the "lawful act" language from the resisting and obstructing statute.

    State Court of Appeals justices upheld the circuit court judge's ruling, but the Supreme Court on Friday reversed the ruling.

    Justices said the common law right of a person to resist illegal police conduct still prevails, "including unlawful arrests and unlawful entries into constitutionally protected areas."

    Justices said the Legislature can modify common law, but it must do so in "no uncertain terms."

    They ruled it's not clear from the language of the resisting and obstructing statute, nor legislative history, that lawmakers intended to dissolve the common law rights.

    In Friday's opinion, the Supreme Court ordered the Ottawa County Circuit Court to toss out the charges as earlier requested by Moreno.

  2. #2
    Join Date
    Jan 2012
    earth's crust
    when police act unlawfully then they are no longer acting as police officers --- they are criminals. Treat them appropriately.

  3. #3
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    in front of my computer, WI

    Thumbs up

    So Michigan & Indiana are the right way 'round.
    What other states have similar citizen-protective laws?
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  4. #4
    Regular Member TheQ's Avatar
    Join Date
    Aug 2010
    Lansing, Michigan
    Laws? This is a court case. Other States have the 4th amendment via the 14th amendment too. It's just a matter of honoring it.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  5. #5
    Regular Member detroit_fan's Avatar
    Join Date
    Mar 2009
    Monroe, Michigan, USA
    shame on the 2 dissenters, and shame on me for voting for 1 of them.
    If guns cause crime, all mine are defective- Ted Nugent

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