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Resisting, § 946.41(1); Battery to Officer, § 940.20(2) – “official capacity”/”lawful authority

State v. Leslie M. Haynes, 2001 WI App 266, PFR filed 11/2/01
For Haynes: Gerald F. Kuchler

Issue: Whether “the arresting officer from Waukesha county was not acting in his official capacity or with lawful authority as a police officer when he asked [Haynes] to perform field sobriety tests, arrested her and transported her to a hospital for blood tests because the detention and arrest took place in Milwaukee county.” ¶1.

Holding: Officers may arrest outside their jurisdiction under certain circumstances, including “fresh pursuit.” Here, the officer observed Haynes go through a red light, and there was no delay between the officer’s observation and his decision to act, so that the extrajurisdictional stop was proper. ¶¶6-7. After having made this justifiable stop, the officer observed signs of intoxication, which allowed him to continue the stop and broaden his investigation, to include field sobriety tests. The officer was therefore acting in his official capacity when Haynes resisted. Haynes bit another officer called in for assistance; because that officer was responding to a request authorized by § 66.0313, she was acting within her lawful authority so as to support battery to officer, even though she was outside her jurisdiction at the time. ¶13.

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