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State v. Hobson

Wisconsin Supreme Court

577 N.W.2d 825 (1998)

Relevant factsFree

A police officer went to Shonna Hobson's (defendant) home to question her young son about a stolen bicycle; when Hobson refused to let the officer speak to her son and became combative, backup officers arrived and attempted to restrain her, and Hobson struck one officer in the face. Hobson was charged with obstructing an officer, disorderly conduct, resisting arrest, and battery on a peace officer, but the trial court dismissed the charges, finding a parent has a common law privilege to forcibly resist an unlawful arrest. The state appealed.

IssueFree

Whether, in Wisconsin, there is a common law right to forcibly resist an unlawful arrest in the absence of unreasonable force.

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