2/24/17, COA (Najam) – Officer cannot cross threshold to execute civil warrant. Also, a D charged with an A misdemeanor is presumed to be tried by a jury.
An officer knocked on D’s front door to serve a civil warrant. D opened door but remained in the threshold. The officer reached in and grabbed D’s arm, but D pulled away. D was convicted at bench trial of resisting. The COA found that the officer was not lawfully engaged in the execution of his duties when he reached across the threshold to grab D, so D had a right to resist.
- Posted by justin
- On August 23, 2017
- 0 Comments