Ottawa County man wins Supreme Court case

The Michigan Supreme Court says people can resist police officers who unlawfully enter their homes.
AP Wire
Apr 21, 2012

 

In a 5-2 decision, the court ordered that charges be dropped against Angel Moreno Jr., a Holland man who was accused of obstructing officers at his home. 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.

Comments

Skeptic Trucker

Two dissenters? Two justices who believe police can enter your house anytime for anyreason?? Is this 1984??? We have a constitution and I am glad a majority of the justices know what that is. I know who I will be voting against when Markman and Young come up for re-election.

HuffmanFamilyof4

it's about time the courts sides with the general public. the police these days seem to have written their own rules on how to detain people which is why the supreme court threw out that charge. they just can not go into an occupied dwelling without either permission or a search warrant. they also pull people over for the very laws I've seen them break.

truthhurts

No kidding on the cops, just this last weekend I see a cop not use his blinker to make an illegal turn (didn't turn into his own lane) and continue to do 45-50 mph down robbins road. When he gets to the light at 168th?? he gets stuck at the red light, so he turns on his lights and continues through the intersection then turns his lights off and continues on his marry way. I tell you what, these Grand Haven cops have issues...not all of them...but a few of them need to go. I wish I would have gotten a plate number cause I would have turned him in. He had probably 8 points on his license right there, not to mention reckless driving. bone-headed pigs

 

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