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Resisting Reserve Officers Not a Crime in Michigan

September 22, 2015  | 

Resisting or obstructing a reserve police officer in Michigan isn't a crime, according to a recent Michigan Court of Appeals ruling that at least one statewide law enforcement official says will have "huge ramifications for public safety," reports the Detroit Free Press.

The appellate court ruled 2-1 in a Livingston County case that reserve police officers are not police officers under the state's resisting and obstructing statute. The court said reserve officers are not specifically mentioned in the law and therefore are not covered by it.

Livingston Prosecutor William Vailliencourt said he disagrees with the opinion and plans to file an appeal with the Michigan Supreme Court.

"We hope (the ruling) gets appealed. If it doesn't, we'll look to alter the legislation as soon as possible," said Robert Stevenson, executive director of the Michigan Association of Chiefs of Police. "This will be an issue across the state."


Comments (8)

Displaying 1 - 8 of 8

UncleMike @ 9/22/2015 5:16 PM

Unbelievable.......
Next the Courts will want every Police Officer in the State named in every law that they enforce just to make sure they are "mentioned" as being able to enforce that Statute.
God help us......

Billy R. Myrick @ 9/22/2015 6:33 PM

That has got to be one of the most absurd things I have ever heard come out of any court at any level. A "Reserve Officer" IS a police officer just the same as any other when they are on duty and engaged in the performance of their official duties. What is even more unique about these men and women is the fact that, if things are the same in Michigan as they are in Texas, Reserve Officers do what they do with no offer of remuneration of any kind....... in other words, THEY DO THEIR JOB FOR FREE, but still endure all of the same things as the rest of us.

So, to the Appellate Judges who invoked such legal interpretation and made such a ludicrous ruling, maybe the next time you need a police officer to come to the aid of YOU OR YOUR FAMILY, you should stop and ask if they are full time or "Reserve" police officers before you allow them to engage to possibly save YOUR life or protect YOUR children.

Although you really should be ashamed of yourselves, fear not. Even though you have made such a ruling, I feel confident that those who make up that Thin Blue Line in and for the State of Michigan will be there to do their job when the need arises, regardless of your OPINION.

Billy R. Myrick
Police Chief
35 year law enforcement veteran

Ima Leprechaun @ 9/22/2015 9:51 PM

Makes you wonder what other anti-Law Enforcement laws exist in Michigan. Why did it take until now to find out about this law?

S.S. @ 9/23/2015 7:37 AM

That is some crazy shit. No wonder Michigan is the shit hole it is. You have p.o.s. criminals running around lawlessly, and a reserve deputy or officer cannot charge the shitbag who's resisting the arrest. I say leave Michigan and don't look back. Keep your family safe.

kevCopAz @ 9/23/2015 7:47 AM

Must mean that any arrest that a "reserve" made is and has been invalid. Other these judges are lib fool or the Michigan Legislature is very stupid in the way that laws are written. If either is the case the Governor should take action on one or the other.

Kojack58 @ 9/23/2015 10:44 AM

Well I guess when I retire from the VAPD I won't volunteer my services to assist other officers that are undermanned. Take care and stay safe brothers and sisters.

HowBoutYa @ 9/23/2015 3:30 PM

WOW!!! Stupid is running wild in this country. This "ruling" is as stupid as the classic POS line "dude, these aren't my pants." As a full time officer, I would like to thank all the dedicated reserve OFFICERS out there for putting up with this crazy job for nothing more than the love of it.

Robert @ 9/24/2015 9:29 AM

Keep Calm and Chive On...
This is not the end of the world. I would bet that IF an appeal is filed, the court will issue a stay of its ruling.
Then 1 of 2 things will happen...the Michigan Supreme court will either affirm the lower court ruling; in which case the Legislature will have time to write a revision to the law and get it passed IF/WHEN the majority of the Legislature and the Governor agree the law needs to be changed. This is how a Republican or Representative Democracy works.
OR the Supreme Court will reverse the ruling, and no change will be needed.
Keep calm...this is not the end of the world.
As for the critics of the court, I think your anger is misplaced and should be directed towards the various lawmakers who originally wrote the bill and/or modified the bill.

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