Harassment, Stalking, Misconduct disorderly conduct/persons

[allan1203]

I was arrested for disorderly conduct in my own home. Is that possible?

 

[mightymoose]

Yes it is possible. Is it legal? Not likely.
A whole lot more info is needed to really assess what went down.

 

[allan1203]

I'm still waiting on the police report but the police were called by my wife or step-son. My wife and I were arguing but no physical actions took place. The police came and I told them what was going on. They repeatedly asked me the same question so when I got loud the 1 officer literally pushed me through my front door out onto the porch. The other officer jumped on my head and nearly broke my cheek bone. I didn't resist at any time nor did I threaten either officer. I was loud with them but I was not aggressive with them at all. I they never asked or told me to turn around and put your hands behind your back or anything. One minute I'm talking to him and then the both of them are on top my grinding my face into the front porch.

 

[mightymoose]

Had you been drinking?

You are right that speaking loudly toward the police is not unlawful. Whatever charge you were arrested for is unlikely to hold up. Had they been able to arrest you on a domestic violence charge of some sort then that is a different thing.

As you describe it, it sounds like a bad arrest. It is totally up to you if you want to seek any damages over it or just let it go. You can talk with a local attorney who can evaluate it better.

 

[allan1203]

Yes, both of us had been drinking. They didn't test her but obviously when I was arrested they had me blow. I blew a .10. I have talked briefly with my lawyer but thought I would get online to see if I could find anything out on my own.

 

[army judge]

You have been wrongfully arrested, if the facts are as you allege. Concurrent with said arrest, you were the victim of an unlawful battery.

Whether you were intoxicated or not on your premises (in this case in your own home) isn't important in this case. Seek the advice of good counsel, fortune has just shined on you.


Sent from my iPhone using Tapatalk

 

[mightymoose]

The officers were looking for a way to separate the two of you to avoid further conflict. They didn't have enough for a domestic violence charge, so they used your intoxication as grounds to get you out of the house for the night... but wrongfully.
Their intent was to prevent the confrontation from escalating. The charge you were arrested for will be rejected.
It was a bad arrest, but totally up to you if you want to seek civil damages over it.

 

[allan1203]

Thank you all for your input. I greatly appreciate it.