Case #: 02####6
Officers were dispatched to a residence regarding a physical altercation between residents of shared household. The officers located the alleged victim outside of the reported residence. The victim stated that our client attacked him and that he wished to press charges. The officers approached our client, who was in the front yard and upon observing the officers approaching, locked the front gate to his residence and ran inside his house, closing the door behind him. An officer then jumped over the locked gate and kicked open the door, arresting our client in the kitchen of his residence and charging him with battery and resisting without violence. After the arrest, our client experienced chest pains and was taken to the hospital where he engaged in a loud verbal argument with police in the privacy of his Emergency Room treatment room which resulted in a Public Intoxication charge, which was subsequently dismissed after filing a c-4 motion that the facts of the case did not support a conviction (specifically that our client was not in a public area and there was no threat to the safety of others). We filed a c-4 motion to dismiss the Resisting Without Violence charge as well claiming that the officer was not in the execution of a legal duty since he did not obtain a warrant prior to arresting our client. We also argued that the Hot Pursuit doctine did not apply because this is a misdemeanor offense and there was no threat to the safety of others because the victim was outside of the residence, in the custody of the police and there was no evidence which could possibly be destroyed in the residence. The state never filed a traverse or demurrer and on the day of the hearing, we requested that the Judge take this inactivity as an acknowledgment that the State was in agreement with our motion and we requested a dismissal. The Judge agreed and dismissed the Resisting Without Violence on 12/13. Our client was thrilled to have his Public Intoxication and his Resisting Without Violence dismissed.