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 05:03:35 AM EDT
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.