People v. Dillard

Michigan Court of Appeals

People v. Dillard

321 N.W.2d 757, 115 Mich. App. 640

CourtMichigan Court of Appeals

DecidedApril 23, 1982

DocketDocket 56038

StatusPublished

Cited by11 cases

This text of 321 N.W.2d 757 (People v. Dillard) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Dillard, 321 N.W.2d 757, 115 Mich. App. 640 (Mich. Ct. App. 1982).

Pincite

Opinions

Per Curiam.

The majority accepts the statement of facts provided by Judge Knoblock in his dissenting opinion.

The arrest of defendant in his home after a warrantless entry by police officers was illegal. Defendant did not consent to the entry, nor were exigent circumstances present. Payton v New York, 445 US 573; 100 S Ct 1371; 63 L Ed 2d 639 (1980).

Defendant had a right to defend himself in resisting the unlawful arrest so long as the force used was reasonably necessary. People v Krum, [642]*642374 Mich 356; 132 NW2d 69 (1965), cert den 381 US 935; 85 S Ct 1765; 14 L Ed 2d 699 (1965); Delude v Raasakka, 42 Mich App 665, 672; 202 NW2d 508 (1972).

Under the facts of this case, we find that defendant’s actions in self-defense were reasonable. His response to the illegal entry into his home did not involve the actual use of force. There was no harm or injury done to the parties involved. This case is clearly distinguishable from People v Eisenberg, 72 Mich App 106, 110; 249 NW2d 313 (1976), lv den 401 Mich 803 (1977), wherein defendant’s use of deadly force, in firing at and wounding one of the intruding police officers, was found to be unreasonable.

Had defendant actually used deadly force in the instant case, his response may have gone beyond the bounds of reasonableness. However, because his defense involved the use of no force whatever, his actions were reasonable under the circumstances. We, therefore, reverse defendant’s conviction of felonious assault.

Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The majority accepts the statement of facts provided by Judge Knoblock in his dissenting opinion.

The arrest of defendant in his home after a warrantless entry by police officers was illegal. Defendant did not consent to the entry, nor were exigent circumstances present. Payton v New York, 445 US 573; 100 S Ct 1371; 63 L Ed 2d 639 (1980).

Defendant had a right to defend himself in resisting the unlawful arrest so long as the force used was reasonably necessary. People v Krum, [642]*642374 Mich 356; 132 NW2d 69 (1965), cert den 381 US 935; 85 S Ct 1765; 14 L Ed 2d 699 (1965); Delude v Raasakka, 42 Mich App 665, 672; 202 NW2d 508 (1972).

Under the facts of this case, we find that defendant’s actions in self-defense were reasonable. His response to the illegal entry into his home did not involve the actual use of force. There was no harm or injury done to the parties involved. This case is clearly distinguishable from People v Eisenberg, 72 Mich App 106, 110; 249 NW2d 313 (1976), lv den 401 Mich 803 (1977), wherein defendant’s use of deadly force, in firing at and wounding one of the intruding police officers, was found to be unreasonable.

Had defendant actually used deadly force in the instant case, his response may have gone beyond the bounds of reasonableness. However, because his defense involved the use of no force whatever, his actions were reasonable under the circumstances. We, therefore, reverse defendant’s conviction of felonious assault.

Reversed.

Cite This Page — Counsel Stack

Bluebook (online)

321 N.W.2d 757, 115 Mich. App. 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dillard-michctapp-1982.

Opinions

Related

Cite This Page — Counsel Stack