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Local attorney analyzes arrest of Smith County clerk

It’s been almost a week since Smith County Clerk Karen Phillips was arrested for reportedly interfering with the arrest of her son.

TYLER, Texas — Nearly a week has passed since Smith County Clerk Karen Phillips was arrested for allegedly interfering with the arrest of her son. Karen is currently out of jail on a bond as the case moves forward.

Criminal defense attorney Bobby Mims says based on what he saw in the body cam footage, officials were justified in entering the home to arrest Karen's son, Derek. And that’s where things took a turn for Karen.

In the body cam footage released by officers, you see a Smith County Sheriff’s Office deputy chase Derek into her home after police said he interfered with the arrest of another person. 

Mims says usually an officer wouldn’t be able to enter a residence without a warrant. But in this case, there is an exception.

"When the suspect flees into the residence and he is fleeing from immediate custody called hot pursuit, then that is an exception to the search warrant. He may go in there and affect a legal arrest," Mims said.

Arrest documents said Karen reached her arm between one of the deputies and her son as he was being escorted out of the home, and that’s where her arrest stems from.

"If someone attempts to interfere with an arrest, they can be charged with interfering with an officer's duties to make the arrest," Mims said.

According to records, Karen was charged with a misdemeanor and was released under $1,000 bond. Mims adds whether Karen interfered or not will ultimately be decided by a jury or judge.

CBS19 has reached out to the Phillips family and they declined to comment.

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