OnlineErie.com wrote:
Can you not hear the officer saying why?
"for resisting law enforcement"
Everyone knows you can't be arrested for resisting an illegal arrest!
Dave Martin
Pa. DOC
Really?
Texas Penal Code, Chapter 38:
§ 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION.
(a) A person commits an offense if he intentionally prevents or
obstructs a person he knows is a peace officer or a person acting in
a peace officer's presence and at his direction from effecting an
arrest, search, or transportation of the actor or another by using
force against the peace officer or another.
(b) It is no defense to prosecution under this section that
the arrest or search was unlawful.
(c) Except as provided in Subsection (d), an offense under
this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third
degree if the actor uses a deadly weapon to resist the arrest or
search.
If a police officer decides you're going to jail, there is not much to be gained from arguing the point at that moment. Now, I do not see any use of force, and therefore the arrest for resisting a search is unfounded. However, the camera was turned on about three quarters of the way through the conversation, and any number of things could have been said or done that totally justify the officers' being in the house without a warrant. The guy was obviously on something, either alcohol or weed, and the instant they smell weed they have probable cause to search your home for same. There was a child in the first few frames; a child abuse call plus a drunk guy answering the door is probable cause.