People v. Vandenberg
307 Mich. App. 57
| Mich. Ct. App. | 2014Background
- Defendant read a statement at a courthouse window and filmed bystander recorded her; she attempted to pay with defaced dollar bills; staff refused payment and she became agitated and argumentative.
- Officers escorted her to exit; she resisted despite warning and was tasered and pepper-sprayed, then handcuffed.
- She was charged with making or exciting a disturbance or contention (MCL 750.170) and resisting/obstructing a police officer (MCL 750.81d(1)).
- Prosecution argued she intended to create a disturbance and excitement of a contention; trial included reference to “contention” in instructions and closing.
- Trial court convicted on both counts; on appeal, defendant challenged MCL 750.170 as overbroad and sought reversal.
- Court reverses and remands for new trial, excising the “contention” language from MCL 750.170 and reversing the resisting/obstructing conviction on those grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is MCL 750.170 unconstitutionally vague/overbroad due to 'excite a contention' | Vandenberg argues the phrase criminalizes protected speech. | Vandenberg contends overbreadth infringes First Amendment. | Overbroad; excise 'contention' language; remand for new trial. |
| Did overbreadth taint the resisting/obstructing conviction | Conviction supported by lawful arrest irrespective of speech. | Arrest premised on unlawful speech-related basis. | Conviction reversed; remand for new trial. |
| Was the arrest lawful given the faulty statute instructions | Arrest based on charge of disturbance, not protected speech. | Arrest premised on unconstitutional reasoning. | Arrest unlawful under the erroneous theory; reversal warranted. |
Key Cases Cited
- Purifoy, 34 Mich. App. 318 (1971) (overbreadth; excise 'contention' language from MCL 750.170)
- Bachellar v. Maryland, 397 U.S. 564 (1970) (First Amendment prohibits suppressing speech due to audience offense)
- Mash, 45 Mich. App. 459 (1973) (reaffirmed overbreadth concerns post-Purifoy)
- Leonard v. Robinson, 477 F.3d 347 (6th Cir. 2007) (overbreadth of statute; speech cannot support conviction or arrest)
- Gilbert, 55 Mich. App. 168 (1974) (when conviction rests on unconstitutional theory, reversal warranted)
- Moreno, 491 Mich. 38 (2012) (lawfulness of arrest is an element of offense; jury must be instructed)