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People v. Moreno

Citations

  • 491 Mich. 38
  • 814 N.W.2d 624
  • 2012 WL 1381039
  • 2012 Mich. LEXIS 463

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that in Michigan, the common law right to resist an unlawful arrest was not abrogated by statute
  • concluding that whether the officer acted lawfully is an element of the crime of resisting or obstructing a police officer
  • holding that MCL 750.81d did not abrogate the common-law right to resist illegal police conduct, including unlawful arrests
  • holding that MCL 750.81d did not abrogate a person’s common-law right to resist or obstruct an officer in response to the officer’s giving an unlawful command or acting unlawfully
  • stating that the Legislature did not “intend[] to abrogate the common-law right to resist unlawful arrests or other unlawful invasions of private rights”
  • stating that the prosecution must establish that the officers’ actions were lawful in a case in which the defendant is charged with resisting or obstructing a police officer

Source: CourtListener parenthetical corpus (CC0).

Judges: Cavanagh, Kelly, Zahra, Hathaway, Young, Markman

Read full opinion on CourtListener

Cited by

30 cases in this archive cite this case; the 20 most cited are listed.

Cites

44 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.