Early one evening Alden Dancio was sitting at a table in a tavern with his girlfriend and two other couples. They had been drinking beer and were talking and laughing. A local uniformed police officer, who was patrolling the area, stopped in to have a sandwich. Annoyed by the loud talking and laughing, the officer walked over to the table. There he saw Angela Mellow, a female he occasionally dated, sitting with her arm around Dancio. No one at the table was intoxicated.

The officer demanded that Dancio produce some identification and, when he refused, the officer told him he was under arrest for disorderly conduct and ordered him to get in the patrol car. Dancio refused and, after an altercation between the two, the officer handcuffed Dancio and placed him in the patrol car.

After reviewing the police file, the prosecutor acknowledged that Dancio should not have been arrested for disorderly conduct. He dismissed that charge. Nevertheless, the prosecutor decided to file an information against Dancio for resisting arrest. Is there a basis for charging Dancio with resisting arrest in the state where you live?