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This section contains the nature of the case and procedural background.

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.

The legal issues presented in this case will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.