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State v. Hobson

Wisconsin Supreme Court
577 N.W.2d 825 (1998)


A police officer went to the home of Shonna Hobson (defendant) to question her 5-year-old son about a stolen bicycle another minor had seen the boy riding. When the officer asked to speak to her son, Hobson refused and became agitated and combative. The officer called for backup. When the additional police officers arrived and attempted to retrain Hobson, she resisted and struck one of the officers in the face. Hobson was charged with obstructing a police officer, disorderly conduct, resisting arrest, and committing battery on a peace officer. The trial court held that a parent has a common law privilege to forcibly resist an unlawful arrest and dismissed the indictment. The State of Wisconsin appealed.

Rule of Law


Holding and Reasoning (Geske, J.)

Concurrence (Abrahamson, C.J.)

Concurrence (Bablitch, J.)

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