This question asked is it legal to pretend to be drunk?

A potential charge of obstruction of justice was suggested in one of the answers.

What would be required to meet a reasonable standard of probable cause to arrest someone and charge them for obstruction of justice if they stumbled a few times in a parking lot?

Bonus if you can describe evidence sufficient to bring a conviction, and/or criteria to bring a counter claim or charge of unlawful arrest.

  • common experience in the US is that the bar for probably cause for obstruction is virtually buried.
    – Tiger Guy
    Nov 20 at 18:31
  • @TigerGuy, what do you mean by that? Nov 20 at 18:32
  • @MichaelHall TigerGuy says that the probable cause is given by them stopping you for your act.
    – Trish
    Nov 20 at 18:37
  • "obstruction and resisting" are blanket charges applied when cops don't like what you're doing. Note that in the US, police have very broad arrest powers and there is very little the arrested person can do about it.
    – Tiger Guy
    Nov 20 at 18:40
  • I did say "reasonable", and added a minor change in the body to match the title question about charging. @trish, I don't understand your point. Are you saying that the police stopping someone for any reason constitutes probable cause for obstruction of justice? Nov 20 at 18:57


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