Michigan v. Feeley (Opinion on Application)Annotate this Case
In the early morning hours of May 5, 2014, a ruckus at a Brighton bar resulted in a call to the police. Two officers from the Brighton Police Department responded: Christopher Parks, a full-time police officer, and Douglas Roberts, a reserve police officer. Defendant Ryan Feeley was arrested and charged with resisting and obstructing a police officer. Defendant objected to the prosecution’s request for a bindover, arguing that: (1) Roberts did not have an articulable suspicion for stopping defendant in the first place, and (2) defendant could not be held criminally liable for resisting and obstructing under MCL 750.81d because Roberts, being a reserve police officer, was not a “police officer” within the meaning of that statute. The Michigan Supreme Court reversed the Court of Appeals’ ruling that reserve police officers were not police officers for purposes of MCL 750.81d(7)(b)(i). The case was remanded to the Court of Appeals to address whether the district court correctly ruled that the reserve police officer in this case lacked the authority to conduct a stop of defendant.