People v. Vasquez

631 N.W.2d 711, 465 Mich. 83
CourtMichigan Supreme Court
DecidedJuly 27, 2001
DocketDocket 116660
StatusPublished
Cited by49 cases

This text of 631 N.W.2d 711 (People v. Vasquez) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Vasquez, 631 N.W.2d 711, 465 Mich. 83 (Mich. 2001).

Opinions

Markman, J.

We granted leave to consider whether defendant’s alleged conduct of lying to a police officer about his name and age, constituted an “obstruction” within the meaning of Michigan’s “resisting and obstructing” statute. MCL 750.479. Michigan’s “resisting and obstructing” statute does not proscribe any manner of interference with a [86]*86police officer, and it also does not proscribe only conduct that poses a threat to the safety of police officers; rather, it proscribes threatened, either expressly or impliedly, physical interference and actual physical interference with a police officer. Therefore, we would reverse the decision of the Court of Appeals and reinstate the trial court’s order dismissing the charge against defendant.

I. FACTS AND PROCEDURAL HISTORY

While investigating a complaint about a loud party, a police officer found defendant urinating on the front lawn of a private residence. The officer approached defendant and asked him whether he had been drinking alcohol. Defendant responded, “Yes, but not very much.” The officer suspected that defendant was an intoxicated minor. When the officer asked defendant his name and age, defendant said that his name was “John Wesley Chippeway” and that he was sixteen years old. In fact, defendant’s name was Mark John Vasquez, Jr., and he was seventeen years old.

The officer arrested defendant for being a minor in possession of alcohol. MCL 436.1703(1). During the booking process, the officer learned from another officer, who recognized defendant, that he was actually Mark John Vasquez, Jr. When confronted about the officer’s knowledge of who he actually was, he admitted his true name and age.

The prosecutor charged defendant with being a minor in possession—second offense and “resisting and obstructing” a police officer. The trial court quashed the “resisting and obstructing” charge, rely[87]*87ing on People v Philabaun, 234 Mich App 471; 595 NW2d 502 (1999) (Philabaun I), which this Court subsequently reversed, 461 Mich 255; 602 NW2d 371 (1999) (Philabaun II). The Court of Appeals thereafter reversed and remanded, 240 Mich App 239; 612 NW2d 162 (2000), relying on our decision in Philabaun II, that a defendant’s mere refusal to obey an order for a blood sample could constitute resisting or opposing.

H. STANDARD OF REVIEW

This case requires us to construe Michigan’s “resisting and obstructing” statute. Questions of statutory construction are reviewed de novo. Donajkowski v Alpena Power Co, 460 Mich 243, 248; 596 NW2d 574 (1999).

m. ANALYSIS OF STATUTE

“The primary goal of judicial interpretation is to ascertain and give effect to the intent of the Legislature.” McJunkin v Cellasto Plastic Corp, 461 Mich 590, 598; 608 NW2d 57 (2000). “The first step in that determination is to review the language of the statute itself.” In re MCI Telecommunications, 460 Mich 396, 411; 596 NW2d 164 (1999). The “resisting and obstructing” statute states in relevant part:

Any person who shall knowingly and willfully . . . obstruct, resist, oppose, assault, beat or wound . . . any person or persons authorized by law to maintain and preserve the peace, in their lawful acts, attempts and efforts to maintain, preserve and keep the peace shall be guilty of a misdemeanor .... [MCL 750.479.]

[88]*88This statute proscribes conduct that “obstructs]” a police officer while the officer is attempting to “keep the peace.”

A. “KEEP THE PEACE”

The “resisting and obstructing” statute proscribes certain conduct encountered by a law enforcement officer while the officer is attempting to “keep the peace.” Therefore, the first issue is whether the police officer, in this case, was attempting to “keep the peace” when defendant lied to him. “[A]n officer’s efforts to ‘keep the peace’ include ordinary police functions that do not directly involve placing a person under arrest.” People v Little, 434 Mich 752, 759; 456 NW2d 237 (1990). “[T]he broad statutory clause ‘maintain, preserve and keep the peace’ includes all of the duties legally executed by a police officer.” People v Weatherspoon, 6 Mich App 229, 232; 148 NW2d 889 (1967).

In this case, the officer was responding to a complaint about a loud party when he found defendant urinating on the front lawn of a private residence. Because the officer suspected that defendant was an intoxicated minor, the officer asked defendant for his name and age. Defendant told the officer that his name was “John Wesley Chippeway” and that he was sixteen years old. In fact, defendant’s name was Mark John Vasquez, Jr., and he was seventeen years old. Defendant was arrested for being a minor in possession of alcohol. MCL 436.1703(1). It is clear that, at the time defendant lied to the officer, the latter was responding to suspected criminal activity, which constitutes an ordinary police function. Because the officer was performing such a lawfully assigned func[89]*89tion when he questioned defendant, the officer was attempting to “keep the peace” within the meaning of the “resisting and obstructing” statute, when defendant lied to him.

B. “OBSTRUCT”

The next issue is whether defendant “obstructed,” within the meaning of the “resisting and obstructing” statute, the police officer when he lied to him. “[T]he meaning of statutory language, plain or not, depends on context.” King v St Vincent’s Hosp, 502 US 215, 221; 112 S Ct 570; 116 L Ed 2d 578 (1991). “Contextual understanding of statutes is generally grounded in the doctrine of noscitur a sociis: ‘[i]t is known from its associates,’ see Black’s Law Dictionary (6th ed), at 1060. This doctrine stands for the principle that a word or phrase is given meaning by its context or setting.” Tyler v Livonia Public Schs, 459 Mich 382, 390-391; 590 NW2d 560 (1999). “[I]n seeking meaning, words and clauses will not be divorced from those which precede and those which follow.” Sanchick v State Bd of Optometry, 342 Mich 555, 559; 70 NW2d 757 (1955). “It is a familiar principle of statutory construction that words grouped in a list should be given related meaning.” Third Nat’l Bank in Nashville v Impac Ltd, Inc, 432 US 312, 322; 97 S Ct 2307; 53 L Ed 2d 368 (1977).

In the present case, the statute uses the word “obstruct” as part of a list containing five other words, namely, “resist, oppose, assault, beat [and] wound.” The meaning of the word “obstruct” should be determined in this particular context, and be given a meaning logically related to the five surrounding words of the statute. “Resist” is defined as “to with[90]*90stand, strive against, or oppose.” Random House Webster’s College Dictionary (1991) at 1146. “Resistance” is additionally defined as “the opposition offered by one thing, force, etc.” Id. “Oppose” is defined as “to act against or furnish resistance to; combat.” Id. at 949. “Assault” is defined as “a sudden violent attack; onslaught.” Id. at 82. “Beat” is defined as “to strike forcefully and repeatedly; ... to hit repeatedly as to cause painful injury.” Id. at 120. “Wound” is defined as “to inflict a wound upon; injure; hurt.” Id. at 1537. Each of these words, when read together, clearly implies an element of threatened or actual

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Bluebook (online)
631 N.W.2d 711, 465 Mich. 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vasquez-mich-2001.