M.W. v. State

WALLACE, Judge.

M.W. appeals an order withholding adjudication for the delinquent act of obstructing or opposing an officer without violence. M.W.’s alleged obstruction occurred during his warrantless arrest for an assault, a misdemeanor committed outside the presence of the arresting officer. Because a warrantless arrest for the kind of assault at issue in this case is lawful only if the offense is committed in the officer’s presence, the officer was not engaged in the execution of a legal duty during M.W.’s arrest. It follows that M.W. could properly obstruct or oppose the illegal arrest…