Police were called to an apartment complex in Arkansas by neighbors suspecting that a woman was being beaten in her apartment. Police eventually had to force their way inside, where they say that they found a battered female victim and arrested her boyfriend. Just another domestic violence incident that police were able to cut off prior to the possibility of deadly consequences.
The police were able to enter the apartment when they allegedly heard the woman yelling for someone to call the police. If that in fact occurred, it would give them probable cause to enter to protect life and to stop a criminal act. However, based solely on the word of anonymous sources reporting an incident by phone, the police would arguably not have probable cause to enter the premises.
Police report that the alleged victim had cuts and bruises on her face, arms, neck and back. They also reportedly found her blood on the suspect's shirt. The injuries and the blood, if accurately reported, are substantive elements of proof that may make it difficult for the defendant to wage a defense that the beating never occurred.
Police say that, when they searched the suspect, they found small bags of marijuana and cocaine, along with a large sum of cash. They also report finding a gun in the closet that had been reported stolen by a county government. The suspect allegedly has a prior criminal history of theft, drug offenses, firearms violations and aggravated assault.
Pursuant to Arkansas law and criminal procedure, the arrest in a domestic violence case under these reported circumstances may likely hold up for the prosecution. Problems arise in these cases when the prosecuting witness later refuses to testify. In this case, however, police may have enough independent evidence to support a conviction. However, with experienced criminal defense counsel working aggressively on his behalf, the defendant will be able to obtain the best outcome that can be argued and negotiated within the facts.
Source: arkansasmatters.com, "Woman Allegedly Beaten in Little Rock, Boyfriend Arrested", Jan. 16, 2015