State v. Tassler

In State v. Tassler, 159 Ariz. 183, 765 P.2d 1007 (App. 1988) the officers responded to a domestic violence report. Id. at 184, 765 P.2d at 1008. When they arrived at the defendant's trailer, the defendant refused to leave. Id. The officers entered the trailer because the defendant's wife appeared to have been assaulted. Id. They intended to arrest the defendant unless he had an explanation for his conduct. Id. When the defendant moved his hand toward a knife on his belt, the officers moved to stop him and a struggle ensued. Id. The defendant in Tassler was convicted of resisting arrest. Id. The Court found the officers' warrantless entry lawful, but went on to opine that even if the entry to arrest for domestic violence was illegal, the defendant's resistance was an independent crime. Id. at 185, 765 P.2d at 1009. Therefore, the arrest for resisting and search incident thereto were lawful. Id.