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207 Mich. App. 332

People v. Pohl

Michigan Court of Appeals

Decided October 28, 1994

Michigan Court of Appeals · decided 1994-10-28

Cited by 2 later decisions — most recently March 2008

1 state decisions

Key passage — most relied on by later courts

“Although defendant did not physically obstruct the officer, he did engage in conduct that under all the circumstances hindered an officer conducting a police investigation....”

quoted by 1 later decision, including 234 Mich. App. 465 - People v. Philabaun

Applies MI 750 § 750.479 · MI 769 § 769.10

Good law ✅— No negative treatment on recordhow we know

Decided 1994-10-28

View the full empirical analysis of this case →

*333 Per Curiam.

¶1 Following a bench trial, defendant was convicted of resisting and obstructing a police officer, MCL 750.479; MSA 28.747. He also pleaded guilty of operating a vehicle while under the influence of intoxicating liquor, MCL 257.625(1); MSA 9.2325(1), and of being an habitual offender, second offense, MCL 769.10; MSA 28.1082. Defendant was sentenced to serve one hundred days in jail and five years’ probation for the resisting and obstructing conviction, along with a concurrent term of ninety days in jail and two years’ probation for the ouil conviction. Defendant appeals as of right, contending that his conviction for resisting and obstructing a police officer should be vacated. We disagree and affirm.

¶2 Relying on People v Landrie, 124 Mich App 480; 335 NW2d 11 (1983), and People v Strelow, 96 Mich App 182; 292 NW2d 517 (1980), defendant contends that his conviction is invalid because mere prearrest flight from a police officer is insufficient to establish the offense of resisting and obstructing. Unlike in Landrie, however, defendant’s flight in this case actively interfered with a deputy sheriff’s traffic stop and investigation of drunk driving. Additionally, unlike the defendant in Strelow, defendant here knew that he was fleeing from the scene of a crime. Although defendant did not physically obstruct the officer, he did engage in conduct that under all the circumstances hindered an officer conducting a police investigation — a police function covered by the resisting and obstructing statute. People v King, 236 Mich 405; 210 NW 235. (1926); People v Kelley, 78 Mich App 769; 260 NW2d 923 (1977); People v Weatherspoon, 6 Mich App 229; 148 NW2d 889 (1967). Accordingly, defendant’s conviction was proper.

¶3 Affirmed.

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