Please correct me if I am wrong, but isn't a violation of a city ordinance a class (C) misdemeanor? If so, a police officer can make an arrest for such a violation. In this case,It is a noise complaint at 2:30 A.M. music so loud it wakes the complainant up in his bedroom across and down the street. Officer shows up and asked the person in charge to please turn down music, reply was hostile and man ran toward his bedroom... officer right behind him, he swings on officer, he was then arrested for resisting. I am looking for opinions as to the officers legal right to make the arrest for resisting. I am being told a peace officer can not arrest for city ordinance violations therefor the resisting arrest was illegal. At any rate, his actions pretty much let the officer know he wasn't going to sign a citation. Any thoughts would be appreciated.
Posts: 6 | Location: Seymour, Texas USA | Registered: October 01, 2003
How a state jail attempted assault on a public servant? (3rd degree minus one level for attempt)
If that is too hardcore then Disorderly Conduct is only a class C and you could maybe get there either based on (4) abusing or threatening a person or (5) making unreasonable noise.
Alex is a frequent poster here but is not an attorney or a prosecutor, as far as I know. Also, I believe that is an anonymous posting name. I'd be very hesitant, Tom, to take legal advice on a web forum from an anonymous person who is not a prosecutor.
I mean, you might as well go stop some joe on the street and ask him what he thinks.
I suggest you contact your city attorney or city prosecutor for advice for your jurisdiction. Failing that, contact your local county or district attorney for some legal clarification.
This is not advice, but if I were the ada taking this question, I'd be asking by what legal authority (i.e. exigent circumstances) did the officer enter the home and chase down the resident?
I don't deal with city ordinance violations in my ada practice, so I have no advice to give on this question.
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001
Sounds like the arrestee was just in a hurry to turn the music down. Generally an officer is justified in making an arrest for any offense in his presence or within his view under art. 14.01, and "offense" includes a violation of a penal municipal ordinance. Loud music in the middle of the night would likely also be considered a "breach of the peace" under art. 14.03(1). But, there is a serious question raised by the facts of your case as Greg mentions. Entry into a residence merely to arrest someone thought guilty of a Class C misdemeanor seems to invade the right of privacy and may constitute a trespass. In any event, your local prosecutor will decide the issue for you.
The Officer asked the resident to step outside so he could issue a citation for the noise ordinance. resident told him no and told the officer if he wanted to talk to come inside. Once the officer was inside, resident became more hostile and darted into a bedroom, officer thought he might be trying to arm himself, the officer pursued, resident then took a swing at officer. Resident had already told the officer he had no intention of turning down the music.
Posts: 6 | Location: Seymour, Texas USA | Registered: October 01, 2003
Generally an officer is justified in making an arrest for any offense in his presence or within his view under art. 14.01, and "offense" includes a violation of a penal municipal ordinance. Loud music in the middle of the night would likely also be considered a "breach of the peace" under art. 14.03(1). But, there is a serious question raised by the facts of your case as Greg mentions. Entry into a residence merely to arrest someone thought guilty of a Class C misdemeanor seems to invade the right of privacy and may constitute a trespass. In any event, your local prosecutor will decide the issue for you.
