My question involves police conduct in the State of: Indiana
My questions in short: I was given a order by a officer to leave, which would of resulted in my breaking the law. (driving drunk or public intoxication). I went back inside the house that they did not have permission to search. Can I be arrested for PI and resisting arrest while inside? Did my refusal to leave the house give them permission to enter without a warrant as he said it did?
Full story:
The police where called for a Party my brother was having. We where in the backyard by a campfire. When asked to come inside to look for a person who had a Warrant my brother refused. A argument started (We had been drinking and my brother was being rude) The police immediately got upset and took my brother to the ground and hit him several times.
I was told to leave while my brother was being beat. I Informed the officer that I had been drinking and refused to get in my car and drive away, he told me again to leave the area so I went inside.
I went inside to check on the 3 year old who was sleeping. I was Not thinking that I was dis-obeying a order. After a few minutes the officer who had subdued my brother came in and told me to quit resisting at which point I told him I was not resisting and I promise to corporate. I was then hit anyway on my leg and then again on my back with a flashlight and put in handcuffs. I was not told why I was being arrested. I do not know if the 3 year old had witnessed this(I'm sure he heard it)
Later at jail I was told I was being charged with resisting arrest and PI.
I want the officer that hit me and my brother and came inside to get in trouble so he doesn't do this to someone else. Is there anything I can do? I have a court date at the end of the month. I blew a .08 and was respectful to the officer the entire time. I don't know if that matters.
He told me in his eyes he thought I was going inside for a gun, and when he arrested me he only hit me to distract me in case I was going to fight back. Will this hold up in court? While sitting in the squad car we overheard the other officer dis-agree with the charges and say "we can't do that, we shouldn't have even been inside the house" at which point another officer showed up and he left.

