JamesIan
Regular Member
imported post
What am I missing here. March 8th is on the past.
What am I missing here. March 8th is on the past.
What am I missing here. March 8th is on the past.
he was resisting an unlawful arrest which is perfectly legal
Assaulting, resisting, or obstructing an officer while he is performing his duty must be avoided for the safety of all society, regardless of the legality of the arrest. It is the immediate harm that can be attendant to an arrest when a subject engages in assault, resistant, or obstructive behavior that the Legislature seeks to eradicate. Solid mechanisms are in place to guarantee the safety of those arrested, and, to correct any injustices that may result from an illegal arrest. The statute at issue, MCL 750.81d, now serves as another mechanism to reduce the likelihood and magnitude of the potential dangers inherent in an arrest situation, thereby dually protecting both the general public and its police officers.
If you are involved in a traffic stop and you ask the police officer why you were pulled over, have you "obstructed" or "opposed" the officer in the execution of his duties? Can you interfere in a five on one police beating of a suspect? This happened in New Orleans after Katrina. Can you interfere when the police tazer a woman to death in an airport? This happened in an airport in Phoenix, Arizona. It seems that a citizen cannot act pursuant to their own judgment and conscience to intervene on another's behalf when the police have engaged in clearly unlawful conduct without risking being charged with a felony under any circumstances. If you happen to disagree with the Michigan Court of Appeals on this issue, the best thing you can do is contact your state legislator or join a political action committee that shares your opinion.