If Maryanne goes to prison, her daughter will die. At present, her prosecution on assault charges is being held in abeyance pending a ruling from the Michigan State Supreme Court in a case "that will determine if residents have the right to defend themselves from police officers entering a home without proper authority," reports the Detroit News.
Embedded in this delay is a critical admission by the prosecution -- namely, that Godboldo is correct in claiming that the CPS raid was conducted without legal authority. Unfortunately -- albeit predictably -- the Michigan Court of Appeals has ruled that it is, in all circumstances, a "felony" for a Mundane to obstruct or resist the aggressive violence of a police officer acting without lawful authority.
In a 1999 ruling (People v. Wess), the Michigan Court of Appeals, citing the state legal code, admitted that citizens had a right, explicitly protected by state statute, "to use such reasonable force as is necessary to prevent an illegal attachment and to resist an illegal arrest." However, in the dicta of that ruling the court all but begged for either the legislature or the state Supreme Court to change the law:
"We share the concerns of other jurisdictions that the right to resist an illegal arrest is an outmoded and dangerous doctrine, and we urge our Supreme Court to reconsider this doctrine at the first available opportunity.... we see no benefit to continuing the right to resist an otherwise peaceful arrest made by a law enforcement officer, merely because the arrestee believes the arrest is illegal. Given modern procedural safeguards for criminal defendants, the `right' only preserves the possibility that harm will come to the arresting officer or the defendant."
The line about "procedural safeguards" is unfiltered codswallop, of course -- but remember it, because we'll return to it anon.
In 2002, the Michigan state legislature modified the relevant section of the state code (MCL 705.81d) by removing the clause recognizing the common law right to "use such reasonable force as is necessary to prevent" an unlawful arrest (that is, an armed kidnapping) by a police officer.
In a 2004 ruling (People v. Ventura) that dealt with a self-defense claim against an unlawful arrest, the Court of Appeals, in a perfectly nauseating display of mock humility, proclaimed that "it is not within our province to disturb our Legislature's obvious affirmative choice to modify the traditional common-law rule that a person may resist an unlawful arrest."
Of course, the legislature made that "choice" after being invited to do so by the same Court of Appeals.
