Resisting an Unlawful Arrest in Michigan

The question of whether you can legally resist an unlawful arrest in Michigan is complex, and the answer is generally no, with very limited exceptions. While the idea of defending oneself against an unjust detention seems intuitive, Michigan law heavily favors officer safety and de-escalation, placing the burden on individuals to challenge the legality of an arrest through the courts, not on the street.

The primary statute governing this area is MCL 750.81d (Resisting and Obstructing a Police Officer). This law makes it a felony to assault, batter, wound, resist, obstruct, oppose, or endanger a police officer performing their duties.

Critically, the Michigan Supreme Court case, People v. Moreno (2012), established that the “lawfulness” of the arrest is not an element the prosecution needs to prove for a resisting and obstructing charge. The focus is on whether the officer was acting within the scope of their lawful duties, even if the arrest itself is later found to be without proper cause.

The events leading to the defendant’s prosecution took place on December 30, 2008, when two police officers, in pursuit of another individual, attempted to enter the defendant’s residence without a warrant. A confrontation arose as the defendant attempted to shut the door against the officers, resulting in injury to one of the officers.

Consequently, the defendant faced charges under MCL 750.81d for assaulting, resisting, or obstructing a police officer.

Essentially, Michigan law dictates that individuals should comply with an officer’s commands during an arrest and challenge its legality later in court. Physically resisting, even if you believe the arrest is unlawful, can lead to additional criminal charges, potentially more severe than the original reason for the arrest. Another relevant statute is MCL 750.479 (Resisting or Obstructing Person Aiding Officer), which extends similar prohibitions to obstructing those lawfully aiding an officer.

FAQs About Resisting Arrest in Michigan

Can I ever use force against an officer during an arrest?

A: The only generally recognized exception is the right to self-defense against an officer’s use of excessive or unlawful force. However, this is a very high legal bar to meet and asserting it is risky. It’s not a right to resist the arrest itself, but to defend against immediate, unjustified physical harm.

What are the penalties for resisting and obstructing under MCL 750.81d?

A: Resisting and obstructing is a felony punishable by imprisonment for not more than 2 years, a fine of not more than $2,000, or both. If the obstruction causes injury to an officer, the penalties increase significantly.

If I comply with an unlawful arrest, do I lose my right to challenge it?

A: No. Complying with the arrest and then challenging its lawfulness through legal channels (e.g., a motion to suppress evidence, a civil rights lawsuit) is the recommended and legally sound approach in Michigan.

A resisting arrest charge is very serious in Michigan can have serious consequences affecting your job, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. Since 1993 Attorney Michael Komorn lead trial attorney in both state and federal courts has provided a strong defense above and beyond for clients. Contact Komorn Law and  Call our office 248-357-2550 for a case evaluation.

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (248) 858-0344
• Address: 1200 N Telegraph Rd, Department 404, Pontiac, MI 48341-0404
• Website: Oakland County 6th Judicial Circuit Court

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (586) 469-5150
• Address: 40 N. Main Street, Mt. Clemens, MI 48043
• Website: Macomb County 16th Judicial Circuit Court

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

• Telephone Number (Civil/Family): (313) 224-5510
• Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
• Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
• Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
• Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (616) 632-5220
• Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
• Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

• Telephone Number: (231) 922-4701
• Address: 328 Washington Street, Suite 300, Traverse City, MI 49684
• Website: Traverse City 13h Circuit Court

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (734) 240-7020
• Address: 106 E First Street, Monroe, MI 48161
• Website: Monroe County 38th Circuit Court