In a recent Illinois Supreme Court case, the Court considered a case involving a charge of Resisting a Peace Officer. The case arose in 2011, when the daughters of a family with four kids (including the defendant) died in a car accident. The trial court ordered that the biological father should have temporary physical custody of the decedent’s daughter. The order permitted law enforcement officers to help the father get the daughter from whoever had physical custody.
The law officer tried to serve the order on the family three times. On the third occasion, the defendant, the uncle of the child, who was visiting, came to the door and eventually wound up in custody, charged with Resisting a Police Officer.
At the jury trial, the court admonished the jury that the defendant was presumed innocent and advised them of the Zehr principles. The Zehr principles provide that when the defendant requests, the Court must advise potential jurors that the defendant is presumed innocent, the defendant is not required to produce any evidence, the state has to prove the defendant guilty beyond a reasonable doubt, and that if the defendant does not testify, that refusal to testify cannot be used against him. While testifying, the deputy claimed that he gave the defendant the court order, that the defendant was upset they were there, and that the child was on vacation. He claimed that the defendant got agitated and said the paper wasn’t a search order, and he poked the deputy in the shoulder and told them to leave the property. He arrested the defendant for Battery to a Peace Officer, but the defendant started thrashing to resist the arrest. They cuffed the defendant, and one of the police officers got open scrapes and cuts or scratches.