Disorderly Conduct — sufficiency of the evidence

Listen to this article

Wisconsin Court of Appeals

Criminal

Disorderly Conduct — sufficiency of the evidence

In this case, Christopher A. Anderson was arrested for disorderly conduct while at a hospital. He contends that because police had no probable cause to take him from his home and bring him to the hospital, his seizure was illegal and, therefore, evidence of his loud, combative and boorish behavior afterward must be suppressed since it was tainted by the illegal seizure. His argument is plainly contrary to the law in this state, which holds that a combative or loutish response to a seizure, even if the seizure is unlawful, is a separate crime in and of itself. See State v. Annina, 2006 WI App 202, ¶19, 296 Wis. 2d 599, 723 N.W.2d 708. We affirm. This opinion will not be published in the official reports.

2011AP124-CR State v. Anderson

Dist II, Walworth County, Kennedy, J., Brown, C.J.

Attorneys: For Appellant: Jurek, Anthony J., Middelton; For Respondent: Weber, Gregory M., Madison; Donohoo, Diane M., Elkhorn