For those of you who have been in my class over the past year — the Mundelein case was reversed, the court ruling that the passenger / husband was not guilty of obstructing simply by getting out of the car and asking about his wife (even though he did not get back into the car right away when he was told to).
As you may recall, the jury in this case convicted the husband of obstructing. I told you at that time that the reason for the conviction was that an occupant of a vehicle does not have the right to refuse to get back in the car when ordered to do so.
Anyway, the court of appeals reversed stating that in order to be guilty of obstructing, the defendant had to have acted “knowingly” — since there was no indication of that, the defendant could not be convicted.
Here is the you tube version of the incident –
Best -
DA
