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Obstructing / Resisting, § 946.41 – “Lawful Authority,” Established by Probable Cause to Arrest

State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227
For Young: Martha K. Askins, SPD, Madison Appellate

Issue/Holding: By fleeing from a police command to stop, the defendant provided probable cause to arrest for obstructing, and the officer therefore was acting with “lawful authority” under § 946.41(1), ¶¶77-78.

Also see U.S. v. Muhammad, 2nd Cir No. 05-4923-cr, 9/7/06; and U.S. v. Swindle, 407 F.3d 562 (2nd Cir 2005) (mere order to stop doesn’t constitute seizure, therefore, anunreasonable order to stop does not violate the 4th amendment, and a stop may be based on events transpiring afterward, such as flight).

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