In April of 2012, the Michigan Supreme Court ruled in People v. Moreno that the common law principle that allows a person to resist an unlawful arrest still applies in Michigan. Unbelievably, the Michigan Court of Appeals had earlier ruled that you could NOT resist an unlawful arrest as the statute did not contain a “lawful act” requirement on the part of the police. What this means to you is that if you are arrested and charged with resisting and obstructing a police officer in Michigan, you need to have a skilled defense attorney who understands the case law and its history in Michigan.
This was an Ottawa County case where a lawyer filed a motion to quash the information (get the case dismissed) due to two police officers trying to enter a home unlawfully and without a warrant. The defendant struggled with the police and was charged with the felony resisting and obstructing a police officer. Even though the majority of the Supreme Court overturned the erroneous Court of Appeals decision two Justices dissented and would have ruled the police, even though they violated this person’s constitutional rights, could arrest for resisting and obstructing.
What does this all mean…in English! It means that if you are facing any criminal charges where the conduct of the police can be called into question, you need to hire a defense attorney with the experience necessary to file the right motions and take it as far as it needs to be taken. Attorney Ray Purdy’s career in criminal law includes over 35 years of experience as a former Ingham County Sheriff Deputy, Ingham County Assistant Prosecutor as well as a seasoned Criminal Defense Trial Attorney.
Call Ray Purdy today at (616) 502- for a FREE Felony Resisting and Obstructing charge.