People v. Briggs, 19 N.Y.2d 37 (1966)

A warrant that is valid on its face and issued by a judge with jurisdiction constitutes “lawful process or mandate,” and forceful resistance to its execution is not justified, even if the underlying information supporting the warrant is later deemed insufficient.

Summary

Alden James Briggs resisted arrest on warrants for misdemeanor motor vehicle violations and assault. He was convicted of assault for resisting the State Trooper, and also for weapons possession. The Appellate Division reversed, finding the warrants invalid due to insufficient underlying informations. The Court of Appeals reversed in part, holding that a facially valid warrant issued by a judge with jurisdiction is lawful process, and resistance is not justified. The Court reasoned that individuals must challenge the warrant in court rather than resorting to force. The father’s conviction was overturned due to lack of evidence of his participation in the assault. The case was remitted to the Appellate Division for review of the facts and discretion regarding Alden James Briggs.

Facts

A Justice of the Peace issued three warrants for the arrest of Alden James Briggs: assault, leaving the scene of an accident, and reckless driving. A State Trooper attempted to execute the warrants. Briggs resisted with a weapon and threatened to kill the trooper. Briggs’ father, Albert Briggs, was present during part of the incident.

Procedural History

The Chemung County jury found both Alden and Albert Briggs guilty of assault in the second degree. Alden was also found guilty of weapons possession. The Appellate Division reversed the assault conviction based on resistance to the warrants, finding the warrants invalid, and dismissed the weapons charge. The People appealed to the Court of Appeals. Alden Briggs cross-appealed, seeking dismissal of a charge for which the Appellate Division ordered a new trial.

Issue(s)

1. Whether a warrant, valid on its face and issued by a judge with jurisdiction, constitutes “lawful process or mandate” under the Penal Law, such that resistance to its execution constitutes assault, even if the underlying information supporting the warrant is later deemed insufficient.

2. Whether there was sufficient evidence to convict Albert Briggs of assault as a principal.

Holding

1. Yes, because no orderly government would be possible if the sufficiency of the proof before a Magistrate upon which a warrant, good on its face, is issued, were to be decided by armed resistance to the execution of the warrant.

2. No, because the People’s proof showed he was not present when his son began to threaten the police officer at gunpoint and there is no proof that he aided or counseled the assault which was under way when he came into the house.

Court’s Reasoning

The Court reasoned that the warrants were facially valid and issued by a Judge with jurisdiction. Even if the underlying informations were later deemed insufficient, the warrants were still “lawful mandate or process.” Allowing individuals to resist arrest based on their own assessment of the warrant’s validity would undermine the rule of law. The proper course of action is to challenge the warrant in court. As the court stated, “No orderly government would be possible if the sufficiency of the proof before a Magistrate upon which a warrant, good on its face, is issued, were to be decided by armed resistance to the execution of the warrant. The place to test out a process as being good or bad is in a court.”

The Court distinguished cases cited by the defendant, noting that they involved challenges to the warrant’s validity in court, not armed resistance. Regarding Albert Briggs, the Court found insufficient evidence to prove he participated in or aided the assault.

The Court cited Ford v. State of New York, (21 A D 2d 437) noting that “We determine that the warrant was valid on its face, and as such, the arresting officer was not required to institute an inquiry into its alleged invalidity. The offense stated was one for which the Magistrate had the authority to issue a warrant of arrest. (Code Grim. Pro., § 152.) The police officer was under a duty to comply with the warrant and in doing so he did not subject himself or the State to liability in an action for false arrest and imprisonment.”