Minnesota Resisting Arrest Laws

Most states, including Minnesota, have laws that make it a crime to resist when a police officer is making an arrest. Although the primary Minnesota law addressing this behavior doesn’t specifically mention “resisting arrest,” it does outlaw it. The statute is called Obstructing Legal Process, Arrest, or Firefighting. It prohibits a range of actions that interfere with the work of peace officers, firefighters, paramedics, and even employees of the Department of Revenue. Whether you live in Minneapolis, St. Paul, or anywhere else in the state of Minnesota, understanding what qualifies as obstruction can help you avoid facing criminal charges.

This article breaks down Minnesota’s obstruction statute and the possible penalties for violations. We explain how the law operates in everyday situations and at events like protests. We’ll also review common legal defenses that might help someone avoid an obstruction conviction.

If you’re facing charges for obstruction in Minnesota, it’s a good idea to speak with a criminal defense attorney. Someone experienced with charges under this statute can help you understand your options, which may be more encouraging than you think. They can also discuss specific legal defenses that may be available to you.

Let’s begin by taking a look at the types of behaviors the law addresses.

Conduct Prohibited by Minnesota’s Obstruction Statute

The Obstructing Legal Process, Arrest, or Firefighting law in the Minnesota Statutes’ Criminal Code makes it a crime to intentionally obstruct, hinder, or prevent certain public officials from performing their official duties. As such, it applies in five main situations:

• Obstructing the lawful execution of a legal process
• Interfering with a peace officer (law enforcement officer)
• Interfering with firefighters
• Interfering with a member of an ambulance service personnel crew
• Obstruction involving certain state employees by force or threat of force

We review each in further detail below.

Obstructing the Lawful Execution of Legal Process

Obstructing legal process occurs when someone intentionally delays, blocks, or prevents officials from carrying out their duties, which are considered the lawful execution of any legal process. It includes things like:

• Serving court papers
• Executing a search warrant
• Carrying out a court order

If someone deliberately stands in front of a sheriff who’s attempting to serve a civil eviction notice, they are obstructing legal process. Intentionally blocking them from handing the papers to the tenant is illegal.

Interfering With a Peace Officer

This is the conduct most people associate with resisting arrest. It includes any interference with a law enforcement officer performing lawful duties, not just arrests.

These might include:

• Traffic/DWI stops
• Detentions
• Investigations
• Execution of search warrants

As long as the officer is engaged in the performance of official duties, any intentional noncompliance that interferes with an officer’s official duty is prohibited.

Let’s say an officer walks up to a parked car to speak with the driver about a broken taillight and asks the driver to step out of the vehicle. The driver refuses and rolls the windows up. The officer repeats the command several times. The driver continues refusing and prevents the officer from opening the door. This is a classic obstruction.

Interfering With Firefighters

Under Minnesota’s obstruction statute, it’s illegal to intentionally do anything that obstructs, hinders, or prevents a firefighter from performing their official duties. The law applies whether the firefighter is responding to a fire, rescue, or other emergency.

Firefighters arriving to put out a house fire need to connect their hose to the nearest hydrant. A neighbor, upset that the fire truck is blocking their driveway, stands in front of the hydrant to block the firefighters’ access. This intentional behavior that delays the crew from getting water on the fire is prohibited.

Interfering With Ambulance Personnel

The law also protects ambulance service personnel who are providing or attempting to provide emergency care. This can involve life-or-death situations.

Let’s say someone collapses at home. Paramedics arrive and try to enter the bedroom to provide emergency care. A family member, overwhelmed and scared, stands in the doorway demanding answers before letting them in. The paramedics tell them to step aside so they can deliver medical care. The family member refuses and continues blocking the doorway. As long as the family member intentionally engaged in the behavior that caused the obstruction, they can face charges.

Obstructing State Department Employees by Force or Threat of Force

Using force or threat of force to interfere with certain state department employees performing their official duties is also prohibited. This includes Minnesota’s:

• Department of Revenue employees
• Department of Public Safety Driver and Vehicle Services Division employees
• Driver’s license agents
• Deputy registrars

This is the only part of the statute that requires either the use of force or the threat of force (or both). Charges involving these state employees are less common, but still occur.

Suppose a state revenue employee comes to Pat’s house to deliver a required tax notice. Pat gets angry, steps toward the employee, and says, “If you don’t leave right now, I’m going to hurt you.” The employee backs away because of the threat and doesn’t deliver the notice. This is enough to violate the statute.

What the State Must Prove

Each crime has required elements. These are the elements the prosecution must prove in order to convict someone of a criminal offense.

In this section, we examine the elements required for obstruction offenses.

Elements of Obstruction

For obstructing (non-state department employees) in Minnesota, prosecutors must show the following:

• The person acted intentionally
• The official was performing lawful, official duties
• The person’s actions obstructed, resisted, or interfered with those duties

No force or threat is required. Non‑violent interference is enough.

Elements of Obstruction Involving State Department Employees

For state department employees, the elements vary a bit. These charges require the prosecution to prove:

• The person acted intentionally
• The employee was performing official duties
• The person used force or threatened to use force
• That force or threat obstructed or interfered with those duties

While this is the only obstruction charge that requires force or threat of force, force also plays a role in other obstruction charges. We explore this in the next section.

Types of Resistance

Minnesota treats obstruction with force or violence more seriously than obstruction by passive noncompliance.

Force and Violence

Force in this context means any physical action used to obstruct. It includes things like grabbing, pushing, and blocking.

Violence is a more serious, assaultive type of force used to obstruct. Examples include hitting, kicking, and tackling.

The use of either force or violence in obstruction cases can elevate criminal charges and support additional charges. Prosecutors often add separate charges for offenses like assault or disorderly conduct. These are distinct criminal offenses, each with its own elements.

Passive Resistance

Mere refusal to move or other verbal noncooperation may be treated as passive resistance. Obstruction with passive resistance usually results in lower charges unless it poses a danger.

Passive resistance includes things like:

• Going limp
• Sitting down and refusing to move
• Linking arms

Even with passive resistance, prosecutors must still show intentional obstruction for a conviction.

Does This Law Apply to Protestors?

Protestors who obstruct police, block streets, or prevent emergency care may face arrest charges. Peaceful, nonviolent protests that don’t obstruct officers or use/threaten force are less likely to meet the statute’s elements.

Organizers and participants should be aware that interfering with official duties can convert a peaceful protest into disorderly conduct or obstruction under state law. Arrests are possible if protestors engage in prohibited conduct.

Charges and Penalties: Minnesota’s Three‑Tiered Structure

Minnesota uses a three‑tiered structure to determine charges and penalties for obstruction offenses. It starts with misdemeanors, the lowest charge for obstruction in Minnesota.

Statutory enhancements can elevate the charge to a gross misdemeanor or even a felony. They are often referred to as aggravating factors.

Let’s take a look at each one.

Tier 1: Misdemeanor

This is the baseline obstruction offense. It applies to obstruction violations when:

• There is no use or threat of force or violence
• No risk of harm is created
• No harm occurs

Typical misdemeanor obstruction can be someone repeatedly getting in the way and refusing to step aside while an officer is trying to interview a witness. The penalties for a misdemeanor include up to 90 days in county jail and/or a fine of up to $1,000.

Tier 2: Gross Misdemeanor

The next tier is gross misdemeanors. This is for obstruction offenses that are more serious than a misdemeanor but less serious than a felony. Minnesota prosecutors may bring gross misdemeanor obstruction charges when use or threats of force or violence accompany the obstruction.

Examples of a gross misdemeanor charge can stem from someone physically struggling with officers during an arrest, pushing or pulling away without causing injury. Obstruction involving even minor levels of force is likely to be charged as a gross misdemeanor. Penalties in Minnesota for a gross misdemeanor include up to 364 days in county jail and/or up to $3,000.

Tier 3: Felony

The highest criminal charge for obstruction in Minnesota is a felony. Prosecutors will typically charge obstruction as a felony under one or both of the following circumstances:

• The person knew or had reason to know their acts created a risk of death, substantial bodily harm, or serious property damage
• Their acts actually caused death, substantial bodily harm, or serious property damage

Felonies in Minnesota carry penalties of up to five years in state prison and/or fines up to $10,000. A felony obstruction conviction often becomes part of a person’s permanent record. This can lead to additional employment and housing challenges, as well as the loss of certain rights.

All of these consequences require a conviction of a criminal offense. In the next section, we discuss various ways your attorney might be able to help you beat the charges.

Legal Defenses

Not only must the prosecution prove each element of the charge, but they must also do so beyond a reasonable doubt. This is the highest legal standard, and a skilled defense attorney knows how to identify gaps in the prosecution’s case against you.

In this section, we’ll review some of the more common defenses asserted against Minnesota obstruction charges. A lawyer can review the facts in your case and give you a good idea of which ones might be most effective in your situation.

Let’s start with unlawful arrests.

Unlawful Arrest

Obstruction requires that the officer was performing a lawful duty. If they weren’t acting lawfully, the state may have trouble proving that element, especially against your attorney’s evidence.

An arrest, stop, or detention may be unlawful for various reasons. Some of them include:

• The officer lacked probable cause
• The officer lacked reasonable suspicion (for a detention/stop)
• The officer acted outside their jurisdiction
• The officer violated constitutional limits, such as a warrantless entry into a home without an exception

An unlawful arrest/stop defense can defeat an obstruction charge, but only in limited situations. To apply to your situation, your resistance/obstruction must not have been forceful. Minnesota law doesn’t allow people to use force or violence to resist arrest, even if the arrest is unlawful.

Other Defenses

There are other common defenses used against obstruction charges. Some of them include:

• Lack of intent
• The officer wasn’t performing official duties
• Self-defense against excessive force/imminent deadly force
• The conduct was passive resistance, not obstruction

If you can show you were engaged in nonviolent refusal rather than obstruction, you might be able to get the charge reduced to disorderly conduct.

Talk to an Expert

Some obstruction charges are more serious than others, but all carry consequences. If you’re facing charges, it’s a good idea to talk with a lawyer experienced in Minnesota criminal law. You can share details with them confidentially and get an idea of the various strategies and legal defenses available to you.

Most criminal cases are settled by a plea deal, but you still need to develop a solid defense strategy. Doing so usually means strong leverage in negotiations with the prosecutor for a dismissal or reduction in charges/penalties. This is not a course you want to take without legal advice.

Finding an advisor you trust can be frustrating. This is a common issue, and getting started is often the hardest part. For this reason, FindLaw has sourced a directory of qualified criminal defense lawyers in Minnesota and made it public. You can view all sorts of information about specialists in your area, including which ones offer free consultations. Take a look at their credentials. Find someone experienced in obstruction offenses and arrange a case review.

The criminal justice system is designed for an advocate to defend you. Give yourself the protection you deserve at this critical time.