Commonwealth v. Biagini

655 A.2d 492 (1995)

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Nature of the Case

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Facts

An officer responded to a disturbance while on routine patrol. Biagini (D) was discovered on his own property and was accused by neighbors of screaming at them and throwing an object from his backyard. D was told to stay in his backyard, but D did not listen and went in his house. When approached again, D let go with explicatives directed at the officer. D was then told he was under arrest for public intoxication and disorderly conduct. D refused to be put under arrest, shook free from the officer, went inside his house, and ordered the officer off his porch. Backup was called and a fight ensued when the officer attempted to seize D. D demurred to the evidence, as the arrest was illegal. That was denied at trial. D was convicted and appealed. The Superior Court ruled that the arrest was unlawful as being both vulgar and loud to a police officer does not constitute disorderly conduct, and because he did that on his porch, he cannot be drunk in public, as he did not appear in a public place. The issue of the unlawful arrest when then presented.