Legal Question in Criminal Law in Texas
Disorderly conduct on your front porch?
Is it legally possible to be charged with Disorderly conduct (language) while on your front porch. Then chased into your home and charged with resisting arrest/search. The officer arrested the suspect inside the residence after comments were made about police activity on suspects property. This activity had nothing to do with the suspect.
1 Answer from Attorneys
Re: Disorderly conduct on your front porch?
It is possible to be charged with disorderly conduct, but whether or not the charge will stick is a different matter. You said that the "disorderly conduct" occurred on your porch. Disorderly conduct is a crime when the offense occurs in a public place. So one of the factors in your case depends on whether your porch is deemed public or private. For example, is your porch a porch of an apartment complex or a porch of a private ranch? These are probing areas that an attorney can raise in your defense.
As far as the resisting arrest charge, the Penal Code states, "It is no defense to prosecution ... that the arrest or search was unlawful."
If you are in Dallas County, please contact my law office at 214-712-9242 for further assistance.
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