People v. Dillard

The majority accepts the statement of facts provided by Judge Knoblock in his dissenting opinion.

The arrest of defendant in his home after a warrantless entry by police officers was illegal. Defendant did not consent to the entry, nor were exigent circumstances present. Payton v New York, 445 US 573; 100 S Ct 1371; 63 L Ed 2d 639 (1980).

Defendant had a right to defend himself in resisting the unlawful arrest so long as the force used was reasonably necessary. People v Krum, *642374 Mich 356; 132 NW2d 69 (1965), cert den 381 US 935; 85 S Ct 1765; 14 L Ed 2d 699 (1965); Delude v Raasakka, 42…