Bindover; Probable cause; MCL 766.13; People v Anderson; Resisting & obstructing; MCL 750.81d(1); People v Vandenberg; Lawful arrest; Disorderly conduct; Disturbing the peace; MCL 750.170; First Amendment; Content-neutral restriction; Holeton v City of Livonia

The court held that the district court did not abuse its discretion by binding defendant over because there was probable cause that he committed resisting and obstructing following a lawful arrest, and his First Amendment rights were not violated. Defendant was arrested after repeatedly yelling at officers around 2:00 am during a domestic-violence investigation and refusing commands to enter a police vehicle. On appeal, the court held that probable cause existed to arrest defendant for disturbing the peace and violating a local noise ordinance because officers testified that defendant yelled loudly enough to disturb the neighborhood. The court next held that the arrest was lawful because a warrantless arrest is permitted when a misdemeanor or ordinance violation occurs in an officer’s presence. It further held that the video evidence was sufficient to support a reasonable belief he violated the resisting-and-obstructing statute because defendant repeatedly failed to comply with lawful commands and physically resisted placement in the police vehicle while knowing the officers were police. The court also rejected defendant’s First Amendment argument, explaining that he was arrested for his conduct of creating a loud disturbance in a residential area at 2:00 am, not for the content of his speech, making the restriction content-neutral and constitutionally permissible. Affirmed.