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STATE v. HOBSON

No. 96-0914-CR.

218 Wis.2d 350 (1998)

577 N.W.2d 825

STATE of Wisconsin, Plaintiff-Appellant, v. Shonna HOBSON, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided May 27, 1998.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was argued by Gregory M. Posner-Weber, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

For the defendant-respondent there was a brief by Keith A. Findley, John A. Pray and University of Wisconsin Law School, Madison and oral argument by Keith A. Findley.

Amicus Curiae was filed by Suzanne Hagopian, assistant state public defender, Madison, for the Office of the State Public Defender.

Amicus Curiae was filed by Dean A. Strang and Fitzgerald & Strang, S.C., Milwaukee for the Wisconsin Association of Criminal Defense Lawyers.

¶ 1. JANINE P. GESKE, J.

The question certified to this court is whether Wisconsin recognizes a common law right to forcibly resist an unlawful arrest. In this case, the State does not challenge the circuit court's determination that Beloit police officers lacked probable cause to arrest the mother of a five-year-old boy after she refused to allow officers to speak to her son about a stolen bicycle. When the officers decided to arrest the mother for obstruction...

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