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Defendant acts up while intoxicated in a treatment bay inside the ER. Arrested for PI. While being transported, he threatens officer. Hence the felony. However, was the arrest good? Is a bed, in a treatment bay, in an ER that is locked out to the general public, but does have a substantial number of members of the public inside a public area or not?
 
Posts: 100 | Location: Nacogdoches, Texas, USA | Registered: June 19, 2001Reply With QuoteReport This Post
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Nope. Don't see that holding up.

See TPC 1.07(40). "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
 
Posts: 198 | Location: San Marcos, Tx | Registered: June 12, 2012Reply With QuoteReport This Post
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Also, isn't a threat on a public servant a Class A misdemeanor and not a felony?

FWIW, I don't think that a terroristic threat of a public servant is "fruit of the poisonous tree" of an illegal arrest. So the terroristic threat charge should stick if you want it to.
 
Posts: 198 | Location: San Marcos, Tx | Registered: June 12, 2012Reply With QuoteReport This Post
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There are even more problems with the case!!!! Yall just answered the first issue. It should keep me from having to deal with the rest of the issues. Thanks.
 
Posts: 100 | Location: Nacogdoches, Texas, USA | Registered: June 19, 2001Reply With QuoteReport This Post
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Just stumbled across this old thread: Emergency Room Public Place? There are some useful cases toward the end.
 
Posts: 41 | Location: 47th District | Registered: June 04, 2004Reply With QuoteReport This Post
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