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  1. #1
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    Oct 2015
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    Default Obstruction and Open Intoxicants Charges After Calling Police for Domestic Violence

    My question involves criminal law for the state of: Texas

    I fled from a domestic violence incident, drove away from perpetrator and parked on private property at a gas station then called the police for protection. They arrived on the scene and I was bruised with pain in my ears. Police arrived and started questioning me but I was frantic and not very cooperative and told them that my ears hurt. The officer said my car smelled and my behavior was suspicious he wanted to search my car. I was argumentative but he searched anyway. He found a open container on the passenger side, I received citation. Also charged with interfering with public duty b/c a ran to hug my dad when he arrived on the scene. Was this an illegal search? Can they give a ticket for this on private property? Is this proper policy to search victim on Domestic Violence call and not allow them to be comforted by parent?

  2. #2
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    Default Re: Obstruction and Open Intoxicants Charges After Calling Police for Domestic Violen

    Quote Quoting smallyorkie
    View Post
    Police arrived and started questioning me but I was frantic and not very cooperative and told them that my ears hurt.
    You appear to be stating that you were intoxicated and, despite having called the police, were not cooperative in relation to reporting the alleged domestic violence.
    Quote Quoting smallyorkie
    The officer said my car smelled and my behavior was suspicious he wanted to search my car. I was argumentative but he searched anyway.
    The question of whether or not you are argumentative is not dispositive. The office asked for permission to search your car. You argued. Then you either said that he could or could not search your car. If you said that he could, no matter what prior argument occurred, the search was lawful. So... what actually happened?
    Quote Quoting smallyorkie
    Also charged with interfering with public duty b/c a ran to hug my dad when he arrived on the scene.
    Presumably the officer told you to stay where you were, and you ran away anyway.
    Quote Quoting smallyorkie
    Can they give a ticket for this on private property?
    Yes.

    Did you ever actually make a report of the domestic violence incident, such that the alleged perpetrator could be prosecuted?

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