People v. Berardi 

Illinois Appellate Court
Civil Court
Jury Instructions
Citation
Case Number: 
No. 3-10-0122
Decision Date: 
Friday, January 21, 2011
District: 
3d Dist.
Division/County: 
Fulton
Holding: 
Reversed.
Justice: 
McDADE
Defendant was convicted, after jury trial, of resisting a peace officer after he expressed his disagreement with police officer that he was required to leave city hall office after making a request to view the city budget, and then complied with officer's request by voluntarily leaving with officer for police department. Defendant did not resist an authorized act within meaning of statute, as his verbal disagreement included repeating that he was an alderman and expressing his belief that he had a legal right to be present, and he then almost immediately acquiesced to officer's authority. Court erred in refusing to instruct jury that not only argument, but a physical act of resistance was required to support conviction for resisting a peace officer. (HOLDRIDGE and O'BRIEN, concurring.)