State v. Hobson

577 N.W.2d 825 (1998)

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Nature of the Case

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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.