Judge John Wilson
Bowie was charged with resisting arrest, and sought dismissal of the charge contending the complaint was facially insufficient. Under a superceding information, Bowie was observed to be riding a bicycle down a public sidewalk around a group of people. Once stopped, Bowie was unable to produce identification, and an officer attempted to arrest him, but Bowie allegedly flailed his arms, kicked his legs, and refused to be handcuffed. The court found the factual allegations contained in the complaint were sufficient to sustain the charge of resisting arrest. Bowie argued the resisting arrest charge must be dismissed as the information failed to establish the arrest was authorized. Yet, the court stated Bowie could be convicted of resisting arrest even if he was never charged with a particular offense for which he was being arrested at the time he resisted the arrest. It noted as the police officer had reasonable cause to believe an offense was being committed—riding a bicycle on a public sidewalk—at the time of the original confrontation, he had a right to arrest. Hence, the court ruled as Bowie’s detention was authorized, the resisting arrest charge was facially sufficient and his motion to dismiss was denied.
