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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My older son passed out in my yard,he was turning purple.the

Customer Question

My older son passed out in my yard,he was turning purple.the amulanse was called by my neighbor.the police showed up.I was asking EMT where they were taking my son.I was attacked by the police.my younger son tried to help me.they arrested him for public intox and resisting arrest.by the way..I'm 65 yrs old .we were all in our yard.
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

Expert:  Chris T., JD replied 1 year ago.

I understand your situation, but, specifically, what is your question?

Customer: replied 1 year ago.
Can they attack me,like that.and can they arrest my son,when they weren't called
Customer: replied 1 year ago.
There was no alcohal present.I was asking EMT where they were taking my son.I was attacked,thrown on the ground,hand cuffed.so was my younger son.
Customer: replied 1 year ago.
He was arrested for public intox and resisting arrest.is this leagel
Customer: replied 1 year ago.
I just need to know what I should do,or can I do anything about this.this all happened in my yard
Expert:  Chris T., JD replied 1 year ago.

OK. Thanks for the information.

Expert:  Chris T., JD replied 1 year ago.

To answer your first question, they can come out to your house, even if you didn't call them. Often times, EMS will call the police to assist them on calls.

Whether they can attack you largely depends on the circumstances. If, for example, you were interfering with the EMS crew or not obeying the officers, they can restrain you as needed. How much force they can use depends on the circumstance.

Expert:  Chris T., JD replied 1 year ago.

To answer your questions about your son, a person can be arrested for public intox, even in their front yard. Once you step out of the house itself, you are technically in public. As far as the resisting arrest, that can be charged regardless of where a person is (in their house, in their yard, in the street, etc.) if the police are trying to restrain them and they resist. Under the law, resisting can be something as simple as pulling away from the officer's grasp.