State v. Gallagher

465 A.2d 323 (1983)

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Nature of the Case

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Facts

A police officer was summoned by Gallaher's (D) neighbor, Angela Jerolman who observed D looking at her. D then called Jerolman a nosey bitch at which point Jerolman called the police and requested that D be arrested. A police officer arrived and talked to Jerolman and then requested backup. That officer then knocked on the door and was invited into their front foyer, and the backup arrived and was invited into the front foyer of the house. When asked to go outside for further explanation, D refused, and then the officer placed his hands-on D and told him he was under arrest for breach of the peace. A fight ensued when D pulled away from the officer's grab and then the wife got involved too. Both D and his wife were arrested for interfering with a police officer and D was also charged with a breach of the peace. Jury instructions on unlawful arrest and self-defense against an unlawful arrest were refused. They were convicted and appealed.