The Right to Resist Wins in Michigan

by Will

Will Grigg?s Liberty Minute

April 23, 2012 

The Michigan State Supreme Court has validated the right to resist unlawful actions by the police. In its April 20 decision in People v. Moreno, a 5-2 majority ruled that Angel Moreno, Jr. acted legally when he refused to allow the police access to his home without a warrant.

Moreno ordered the police to obtain a warrant and attempted to close the door. One officer shouldered the door open and assaulted Moreno, who was charged with resisting and obstructing police.

 In its ruling, the Court pointed out that ?the right to resist unlawful arrests, and other unlawful invasions of private rights, is well established in our state?s common law.? Until 2002, that right was explicitly recognized in state law. Although the resisting and obstructing statute has been modified, the majority continued, ?the Legislature expressed no intent to do away with the common-law right to resist an unlawful arrest.?

 The dissent advanced a very dangerous doctrine, insisting that ?the issue here is not whether the officers lawfully entered defendant?s house, but rather whether the officers were acting to further their employer?s ? interests.? From this perspective, citizens cannot resist any unlawful act by a police officer who is acting in the interests of the political elite that employs him.

 Let us take back the liberty wherewith Christ has made us free. 

No feedback yet