STATE V. HOBSON 577 N.W.2d 825 (1998) CASE BRIEF

STATE V. HOBSON

577 N.W.2d 825 (1998)

NATURE OF THE CASE: This was an appeal from the dismissal of a battery charge for resisting arrest.

FACTS: D was the mother of a five-year-old boy and the police went to her house to interview a child suspected of bike theft. The juvenile who reported the bike theft was in the police car when it went to D's house. The officer told D that her son was under suspicion and that he needed to be questioned. D told her son to go into the house and then defended her son and refused to allow the police to speak with the boy. The officer then told D that her son had to be taken to the police station to be interviewed. D replied that her son was not going anywhere. Backup was called and three officers arrived on the scene to assist and this caused D to become verbose and reiterating that her son was not going anywhere. D was advised she was under arrest for obstruction. They attempted to handcuff D and a scuffle ensued. She was charged with obstructing, disorderly conduct, and resisting an officer and even later those were amended to include felony battery to a peace officer. The court conducted an evidentiary hearing on the motions to dismiss and suppress. The court dismissed the charges and also concluded that D had a common law privilege to forcibly resist her arrest as there was no probable cause for the arrest in the first place. The State appealed the dismissal of the battery charge.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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