PEOPLE v. MORENO

Docket No. 141837. Calendar No. 5.

814 N.W.2d 624 (2012)

491 Mich. 38

PEOPLE v. MORENO.

Supreme Court of Michigan.

Decided April 20, 2012.


Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Ronald J. Frantz , Prosecuting Attorney, and Gregory J. Babbitt , Assistant Prosecuting Attorney, for the people.

Haehnel & Phelan, Grand Rapids (by Craig W. Haehnel ) for defendant.

Ron Schafer , Kym L. Worthy , and Timothy A. Baughman , Detroit, for the Prosecuting Attorneys Association of Michigan.

Racine M. Miller for the Michigan Association for Justice.


HATHAWAY, J.

In this case, we review whether defendant was properly charged with resisting and obstructing a police officer under MCL 750.81d after defendant struggled with officers who had entered his home unlawfully. To resolve this issue, we must address whether MCL 750.81d abrogates the common-law right to resist illegal police conduct, including unlawful arrests and unlawful entries into constitutionally protected areas. We conclude that the statute did not abrogate...

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