12/21/2023
Good to know.
"Failing to provide identification upon request by a police officer is not itself a crime or statutory offense in Michigan. Further, no additional evidence in the record indicated that the officers had a “reasonably articulable suspicion that criminal activity [wa]s afoot[.]” Quinn, 305 Mich App at 492. Without proof that defendant had either engaged in a crime, or was imminently going to commit a crime, his failure to provide identification to police was not a lawful justification for his arrest. ...
defendant’s motion to quash should have been granted. The arrest leading to the second and third counts of resisting and obstructing against defendant was unlawful. Sergeant Johnson and Officer McLain were engaged in this unlawful arrest when defendant bit Sergeant Johnson and kicked Officer McLain. As noted herein, defendant “may use such reasonable force as is necessary to prevent an illegal attachment and to prevent an illegal arrest[.]” Id. at 47 (quotation marks and citation omitted). Defendant had every right to exercise reasonable force to resist the illegal arrest."
