resisting arrest

[lovemygirls2]

What is the name of your state? Texas

Ok, I have a question... A family member was arrested this morning and from the information that I have at this point the charge is resisting arrest...

From what I have been told it stems from a call that his wife had made to police 2 or 3 months ago and he had refused to step outside into his yard when asked by the officer.

His wife had called because they were arguing (this is a pattern of hers lately and another story entirely) and the officer could see when he got there that she had not been assaulted or anything, nor did she say that she had at any point.

He asked the police to leave because it was just an argument. The officer asked him to step outside to talk about it and he said that he wasn't going to. He was angry because the police had been called, yet again, for an argument.

Anyway, for some reason he went to the court house today (haven't talked to him yet, so not sure exactly why - story I heard was presumably to file a complaint, but that doesn't make sense either)... and he was arrested and charged with Resisting Arrest.

Sooooo, anyway, can you be charged with resisting arrest because you refuse to step out of your house, when there is no probable cause for an arrest, nor has the officer stated that you are under arrest for any reason?

I am really confused and this is a close family member and I am also very upset.

 

[Happy Trails]

What is the name of your state? Texas

Ok, I have a question... A family member was arrested this morning and from the information that I have at this point the charge is resisting arrest...

From what I have been told it stems from a call that his wife had made to police 2 or 3 months ago and he had refused to step outside into his yard when asked by the officer.

His wife had called because they were arguing (this is a pattern of hers lately and another story entirely) and the officer could see when he got there that she had not been assaulted or anything, nor did she say that she had at any point.

He asked the police to leave because it was just an argument. The officer asked him to step outside to talk about it and he said that he wasn't going to. He was angry because the police had been called, yet again, for an argument.

Anyway, for some reason he went to the court house today (haven't talked to him yet, so not sure exactly why - story I heard was presumably to file a complaint, but that doesn't make sense either)... and he was arrested and charged with Resisting Arrest.

Sooooo, anyway, can you be charged with resisting arrest because you refuse to step out of your house, when there is no probable cause for an arrest, nor has the officer stated that you are under arrest for any reason?

I am really confused and this is a close family member and I am also very upset.

Why would you think that there was no probable cause, the police were called out there twice for a domestic situation?

Texas statute:

§ 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION.
(a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace
officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.
(b) It is no defense to prosecution under this section that the arrest or search was unlawful.
(c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search.

 

[lovemygirls2]

Actually, it was more like 3 or 4 times by this point...

The officer never stated that he was under arrest; never asked to enter the residence; talked to the person who called who was obviously fine and untouched; did not even say anything about arresting him or transporting him anywhere and there was absolutely no force involved...

The officer had only asked him to step outside to talk and he had verbally refused... If there was any resisting involved I would think that he would have been arrested at that time. It doesn't make sense to arrest him 2 or 3 months later with no notice that any charges were even being brought.

I didn't say I thought he did the right thing at the time, I don't, but I do understand his frustration that the police kept being called for marital arguments... It is my belief that his wife has been trying to setup a pattern of the police being called to their residence because she wants to try to use it against him some way to take their daughter and move out of state and he has told her that he will fight to keep their daughter. But again, that is another story...

Texas statute:

§ 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION.
(a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.
(b) It is no defense to prosecution under this section that the arrest or search was unlawful.
(c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search.

 

[TYRIS]

What is the name of your state? Texas

Ok, I have a question... A family member was arrested this morning and from the information that I have at this point the charge is resisting arrest...

From what I have been told it stems from a call that his wife had made to police 2 or 3 months ago and he had refused to step outside into his yard when asked by the officer.

His wife had called because they were arguing (this is a pattern of hers lately and another story entirely) and the officer could see when he got there that she had not been assaulted or anything, nor did she say that she had at any point.

He asked the police to leave because it was just an argument. The officer asked him to step outside to talk about it and he said that he wasn't going to. He was angry because the police had been called, yet again, for an argument.

Anyway, for some reason he went to the court house today (haven't talked to him yet, so not sure exactly why - story I heard was presumably to file a complaint, but that doesn't make sense either)... and he was arrested and charged with Resisting Arrest.

Sooooo, anyway, can you be charged with resisting arrest because you refuse to step out of your house, when there is no probable cause for an arrest, nor has the officer stated that you are under arrest for any reason?

I am really confused and this is a close family member and I am also very upset.

-I'm curious as to why he was not arrested that night, from your post he should have been. The officers responded to a domestic altercation and therefore have reason to not only be there but to enter the residence. By your family member refusing to cooperate he is interfering with an investigation he is subject to arrest. Probable cause due to the call and his refusal to cooperate.

Do to him be arrested at a later date, I would assume a warrant was issued.


Tyris

 

[lovemygirls2]

Ok... I still think it is strange for it to be done that way and that is what I had thought also... I was also surprised he wasn't just arrested that night. We live in a small town so who knows.

Altercation, hmmmm. Can it be thought of as an altercation when it is just an argument with raised voices? I thought that denoted something physical...

I will be talking to him this evening when he gets bonded out... Maybe next time he won't let his frustration make him stupid.

It is a misdemeanor charge so I am hoping it is also enough to wake him up to how much damage can be done by someone who is determined to be vindictive, and make him start taking steps away from that relationship.

You can't choose your family, but ya still gotta love 'em.

 

[lovemygirls2]

Oh, and most of my confusion stems from the fact that he was never told he was under arrest or going to be arrested, so how could he be resisting arrest?

 

[Happy Trails]

Since none of us were there and know what exactly transpired, we are merely speculating.

I understand your question as to how can he be resisting arrest when he didn't know he was being arrested.

The statute does not only state that is one of the reasons a person can be charged with this, but it also states that -- (a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.

Perhaps the officer wanted to question him and make sure there were no weapons present (search him). We do not know what the content of the conversation was between the police (or 911) and victim. This is the problem with getting the story from the person being charged with something. Their story won't match the story of the victim or the police officer present.

Clearly there is a history of DV in this relationship. Hopefully this will be a wake up call for your family member to understand no matter how hard he tries--water and oil don't mix.

 

[lovemygirls2]

I hope it wakes him up somehow... He is so scared of losing his daughter that he doesn't think straight about how crazy it is for him to stay in the relationship... He has 3 sons also from his first marriage and he and his ex share custody of them and he is a great father, so I would hope there would be some way to work it all out.

Anyway, hopefully his wake up call is working and something changes now.

 

[Kane]

Refusing to leave the house is not resisting arrest.

You should consider the possibility you don't know the whole story, though.

 

[ceara19]

Oh, and most of my confusion stems from the fact that he was never told he was under arrest or going to be arrested, so how could he be resisting arrest?

Just because he wasn't actually arrested doesn't mean the police didn't INTEND to arrest him. Since they didn't have a warrant or his permission, they could not enter the home in order to arrest him. In absence of permission or a warrant, they would need probable cause such as a person screaming, blood, weapons or other visual evidence a crime happened.

 

[tranquility]

To follow up on what cera19 said, to arrest someone inside his house, you need either a warrant or probable cause *and* exigent circumstances. However, if the police are already in your house for a legitimate reason, they only need probable cause.

There are varying decisions regarding arrests without a warrant when the person is on the threshold of the house. The way courts seem to be going is that what a person voluntarily shows to the public has no reasonable expectation of privacy and police can often "enter" and make arrests just inside the threshold.

Often the police will ask a person they want to arrest to step outside thier residence. "Come on outside for a moment, we just want to talk with you." The moment the suspect voluntarily steps outside, he is arrested as he is now in a public place and their is no longer a need for a warrant or exigent circumstances.

Failure to exit on the *request* of a police officer is not a crime. If it was, the police would merely ask people to step out and the warrant requirement would be meaningless. Police can *order* a person outside and failure to follow the order can be cause for a violation of obstruction. The key would be to get down to the facts as to why the officer would make such an order.

If there was a domestic violence call and the parties still seemed angry or there was some evidence that an injury occurred, it seems like the police could enter the house or order a person out to talk. Either way, an arrest could take place if there was probable cause.

If the officer's reasonable suspicion that a crime occurred made him think his reasonable investigation would best be conducted outside and talk, he may have the right to do that. If the husband refuses, that could be grounds for an obstruction-type charge. The officer would have to articulate the reasons why he thought this.

Suspects can be moved without violating their rights. An example is when there is a witness. The police can move the suspect a short distance for a field "show up" to see if the witness can identify him.

Get the report, wait for the facts, talk to a lawyer.