Man who resisted police wins Supreme Court case
Police entered home without a warrant, homeowner was accused of
obstructing police
Published On: Apr 21 2012
LANSING, Mich. -
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 Junior, 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 Junior.
Copyright 2012 by The Associated Press. All rights reserved.
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