BIL arrested - Cops entered house no notice/announcement

[WildBill]

Police don't need a warrant or notice/announcement to enter a house chasing a suspect in a crime, especially if he is dragging his victim with him.

Whats a BIL? Brother in Law? If so, this is his girlfriend not your sister? If it was my sister, I'd want the police right in there taking him to jail.

OP "So last weekend my BIL was having a fight with his GF in the backyard of their house in Houston."

It works both ways. His BIL can be his wife's brother.

From Wikipedia "A brother-in-law is the brother of one's spouse, the husband of one's sibling, or the husband of one's spouse's sibling"

[gigag04]

Cops were operating within the confines of the PC, CCP, and most likely dept policy.

Even with the bias of the OP I read that as a good arrest.


How did they enhance to felony? Previous family violence convictions??

[WildBill]

How did they enhance to felony? Previous family violence convictions??

IANAL, but I believe that "hot pursuit" is justified only for felonies.

[flb_78]

How did they enhance to felony? Previous family violence convictions??

IANAL, but I believe that "hot pursuit" is justified only for felonies.

[gigag04]

How did they enhance to felony? Previous family violence convictions??

IANAL, but I believe that "hot pursuit" is justified only for felonies.

Wrong

[WildBill]

How did they enhance to felony? Previous family violence convictions??

IANAL, but I believe that "hot pursuit" is justified only for felonies.

Wrong

I forgot the part about that the "crime" was committed in the presense of the officers. But I already told you IANAL.

[Hoi Polloi]

I'll translate:

BIL: Brother-in-law. Probably the brother of a spouse in this instance given contextual clues.
GF: Girlfriend, with whom the brother-in-law shares a house.
Verbal only altercation: screaming in their back yard at each other. No hitting.
Mis resisting and a fel domestic assault: Brother-in-law was charged with misdemeanor resisting arrest and felony domestic assault.

So dude and his wife are screaming at each other in their fenced back yard and somehow attract the attention of the police, most likely through a concerned neighbor's call. The police, according to the brother-in-law's account, rush through the gate in the fenced back yard with flashlights pointing at them, making them unable to see who is behind the flashlights. Because of the dark and the lack of oral or visual identification, they don't know that it is the police so they run inside the house and shut the door. The police break down the door and charge him with misdemeanor resisting arrest and felony domestic assault. He wants to know what you would have done had you been in the brother-in-law's shoes when the police (whom you couldn't identify as police) rushed the backyard.

[Oldgringo]

I'll translate:

BIL: Brother-in-law. Probably the brother of a spouse in this instance given contextual clues.
GF: Girlfriend, with whom the brother-in-law shares a house.
Verbal only altercation: screaming in their back yard at each other. No hitting.
Mis resisting and a fel domestic assault: Brother-in-law was charged with misdemeanor resisting arrest and felony domestic assault.

So dude and his wife are screaming at each other in their fenced back yard and somehow attract the attention of the police, most likely through a concerned neighbor's call. The police, according to the brother-in-law's account, rush through the gate in the fenced back yard with flashlights pointing at them, making them unable to see who is behind the flashlights. Because of the dark and the lack of oral or visual identification, they don't know that it is the police so they run inside the house and shut the door. The police break down the door and charge him with misdemeanor resisting arrest and felony domestic assault. He wants to know what you would have done had you been in the brother-in-law's shoes when the police (whom you couldn't identify as police) rushed the backyard.

First and foremost - I wouldn't be in the brother-in-law's shoes. How about you, what would you have done in the female's shoes?

[WildBill]

Cops were operating within the confines of the PC, CCP, and most likely dept policy.

Even with the bias of the OP I read that as a good arrest.

How did they enhance to felony? Previous family violence convictions??

The OP described the "fight" as verbal. The OP said that someone told them to "stop". I am assuming to stop yelling. I don't understand how they could be resisting arrest if the police didn't identify themselves or tell them they were under arrest. Maybe when they were running into the house, the police yelled "stop", that could be considered resisting arrest, but that is not the way I read the post.

I have not read the domestic violence laws, but it seems inconceivable that a verbal exchange could be considered a felony. Maybe when he "grabbed her" to take her into the house was enough of an "assualt" to charge him? Again, I haven't read the law, but the police probably need to charge the person with some type of crime to also arrest them for resisting. You may be right, but there are a lot of things that need to be straightened out before I would read that as a good arrest. I will be interested to see how it plays out. I have a suspicion that the BIL will come out on the wrong side of the law. IANAL

[MechAg94]

On another note, when they train police, do they ever talk about the effectiveness or ineffectiveness of having everyone yelling all at once to the point that the target essentially here's nothing but a bunch of yelling and no clear ID or instructions? It seems to me that it would just add to the confusion.

[anygunanywhere]

More lives have been ruined under the ruse of domestic violence than any other reason.

Guilty until proven innocent.

People not minding their own business.

He can never own a firearm now, even if he did nothing wrong.

He is labeled just a surely as if he was convicted as a sex offender.

Anygun

[gigag04]

Nobody is being charged with felony Assault family violence for a "verbal argument."

Even if he hit her and caused a black eye, that would only get us to Class A. To enhance the charge to felony grade would take previous family violence convictions, or if the assault was aggravated, either by deadly weapon or if the victim suffered protracted loss through the injuries (ie broken bones, serious lacerations).

The story doesn't add up as we have been told by the OP.

Based on this, it is my opinion that there is more to it than that to meet the elements of both resisting, and felony assault family violence charges. I bet money that the officers and victim have a better idea o what went down.

Side note: resisting can be arrest, search, OR transport. He might have gotten out of line after the cuffs came on.

[philip964]

Oops didnt read enough posts, thanks for the translation.

[WildBill]

I bet money that the officers and victim have a better idea of what went down.

I certainly hope so.

[mctowalot]

Questions:

1. If the gate had been locked would the LEOs have been permitted to force entry? (Assuming they heard the "verbal altercation" only, obviously if they peeked through the fence board and saw a physical altercation...)

2. Does the BIL's wife know he has GF?



3. How the heck did we ever get along without Hoi?