[Winged Hussar]

Re: “She said he tossed her stuff. The cops had every right to make a housecall without a warrant. He had no right to attack the cops.”

If the police were called, then they DID have probable cause to enter the residence and the occupant therefore had no right to attack them.

[Ratman83]

Officer Lenny Reed, the first responder, saw a man leaving an apartment with a bag and began questioning him in the parking lot. Upon identifying the man as Barnes, Reed informed him that officers were responding to a 911 call. Barnes responded that he was getting his things and leaving and that Reed was not needed. Barnes had raised his voice and yelled at Reed, prompting stares from others outside and several warnings from Reed.

Officer Jason Henry arrived on the scene and observed that Barnes was very agitated and was yelling. Barnes continued to yell, loudly and did not lower his voice until Reed warned that he would be arrested for disorderly conduct. Barnes retorted, if you lock me up for Disorderly Conduct, you‘re going to be sitting right next to me in a jail cell. Mary came onto the parking lot, threw a black duffle bag in Barnes‘s direction, told him to take the rest of his stuff, and returned to the apartment. Reed and Henry followed Barnes back to the apartment. Mary entered the apartment, followed by Barnes, who then turned around and blocked the doorway. Barnes told the officers that they could not enter the apartment and denied Reed‘s requests to enter and investigate. Mary did not explicitly invite the officers in, but she told Barnes several times, don‘t do this and just let them in. Reed attempted to enter the apartment, and Barnes shoved him against the wall. A struggle ensued, and the officers used a choke hold and a taser to subdue and arrest Barnes. Barnes suffered an adverse reaction to the taser and was taken to the hospital. From the court record

The police did not have permission to enter and did not have probable cause either. If they had probable cause then they could have arrested Mr. Barnes in the parking lot.

[papertyger]

If the police were called, then they DID have probable cause to enter the residence and the occupant therefore had no right to attack them.

That depends entirely on how the cop comported himself after determining whether a crime was being committed.

If no, but he decided to stay and play arbiter of what the man could or could not do with his own property, then the attack may have been justified.

[muawiyah]

They didn't quite have probable cause to arrest him until the guy attacked them. If he'd stood aside and let them talk to his wife this case would have never happened.

There was no crime in progress when the cops arrived on the scene.