Posted: 2/13/2017 10:07:36 AM EDT
[#18]
Quote History Quoted:
It seems like the charges were wearing a mask on public parade, refusing to obey police commands, creating a public panic or disorderly and obstructing or interfering in the booking process. Both men did not get the exact same charges. The exact charges used were hard to follow on the TV, but this basically sums it up. View Quote View All Quotes View All Quotes Quote History Quoted:
It seems like the charges were wearing a mask on public parade, refusing to obey police commands, creating a public panic or disorderly and obstructing or interfering in the booking process. Both men did not get the exact same charges. The exact charges used were hard to follow on the TV, but this basically sums it up.
More info on the incident
The attorney for two open carry advocates arrested this week at a Dearborn police station says his clients were ambushed by police officers who knew they were gun-toting activists and met them with weapons drawn.
"They wanted to teach them a lesson and that is not their job," said Nicholas Somberg, who is representing Brandon Vreeland, 40, of Jackson and James Baker, 24, of Leonard.
...
Baker and Vreeland commonly "audit" law enforcement authorities to determine whether they recognize citizens' rights to openly carry guns - there is no law prohibiting this.
Oh man, the lawyer is ridiculous with this one. He even likens this to Rosa Parks at the end of the article. I'm sure he will file a suit to sue the officers involved as well.
James Craig Baker, 24, of Leonard, MI, has been charged with breach of peace, masks/disguises while parading, and failure to cooperate during booking proceedings.
Brandon Brent Vreeland, 40, of Jackson, MI, has been charged with breach of peace, failure to obey police officer's direction or order, and resisting an officer's demands.
I doubt they'll be able to have any of the charges dropped.
These are what I have found as the applicable MCL citations for their charges. I think the only state statute they were charged with is the masks while parading and that only applies because they were also charged with breach of peace.
MCL 750.170
Disturbance of lawful meetings—Any person who shall make or excite any disturbance or contention in any tavern, store or grocery, manufacturing establishment or any other business place or in any street, lane, alley, highway, public building, grounds or park, or at any election or other public meeting where citizens are peaceably and lawfully assembled, shall be guilty of a misdemeanor.
MCL 750.396
A person who intentionally conceals his or her identity by wearing a mask or other device covering his or her face for the purpose of facilitating the commission of a crime is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
MCL 750.81d
(1) Except as provided in subsections (2), (3), and (4), an individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
This is the state resisting charge which they were not charged with.
It would appear that they were actually charged with violating Dearborn city ordinances and not MCL statutes.
Dearborn 14-38 Resisting police officer
(a) An individual who assaults, batters, wounds, resists, eludes or attempts to elude, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a misdemeanor.
Dearborn 14-38.1 Failure to obey police officers' direction or order
Any individual who is given direction or order by hand, voice, emergency light, siren, or other visual or audible signal by a police officer acting in the lawful performance of his duty, and who willfully disobeys and/or disregards that direction or order, is guilty of a misdemeanor.
Dearborn 14-38.2 Failure to cooperate with booking process
Any individual who has been arrested and who fails to cooperate during the booking process, is guilty of a misdemeanor. The "booking process" shall include, but is not limited to, request for identification, request for information, and fingerprinting photographing.
Dearborn 14-131 Breach of peace
Any person who shall make or assist in making any noise, disturbance, trouble or improper diversion, or any rout or riot, by which the peace and good order of the city are disturbed, shall be guilty of a breach of the peace, and disorderly conduct.
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