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Common Law Privileges – Right to Resist Unlawful Arrest

State v. Shonna Hobson, 218 Wis.2d 350, 577 N.W.2d 825 (1998), on certification
For Hobson: Keith A. Findley, John A. Pray, LAIP, UW Law School

Holding: Wisconsin recognizes a common law privilege to forcibly resist an unlawful arrest (i.e., w/o made w/o probable cause); but having recognized that privilege, the court simultaneously abrogates it (albeit prospectively only, because of ex post facto concerns). The holding is limited to “unlawful interference with the person” not involving excessive force; the right of self-defense in those situations is governed by statute, § 939.48(1). Fn. 16.

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