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  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Default Arrested for PI and Resisting While Inside with No Warrant

    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.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Arrested for PI and Resisting While Inside with No Warrant

    Speak first to an attorney regarding the criminal offense. When/if you prevail on that, you can consider speaking to an attorney who can evaluate the totality of the circumstances with regards to a possible civil suit against the officers.

    You will likely have to also make a personnel complaint, but you might want to wait until you have spoken with an attorney as anything you tell the department investigator MIGHT be used against you at your pending trial.

    if the officer IS out of control, the agency may well want to know about it - I know I would. But, since you face some potential jeopardy here, you should move only with the advice of counsel.

    - Carl

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