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Gaming agents have full police power

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A gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense of resisting law enforcement, the Indiana Court of Appeals decided today.

In William B. Jones v. State of Indiana, No. 73A01-0911-CR-532, William Jones argued he couldn’t be convicted of resisting law enforcement because the person he resisted was a gaming agent of the Gaming Commission. Jones was at a casino in Shelbyville when he got into an altercation. Gaming Agent Bradley Onskt identified himself as a police officer and inquired about the altercation. Jones continued to yell and resisted arrest by jerking away from Onskt, continuing to struggle after being handcuffed, and bumping into patrons.

Indiana statute says for purposes of riverboat gambling, a law enforcement agency includes gaming agents of the Indiana Gaming Commission, and gaming agents are vested with full police powers and duties to enforce Indiana Code Article 4-33.

“The plain language of Indiana Code Article 4-33 states unambiguously the General Assembly’s intent that gaming agents exercise full police power, including the power to arrest suspected offenders,” wrote Judge L. Mark Bailey. “It would be absurd to expect gaming agents to do so without the deterrence provided by the Resisting Law Enforcement statute.”


 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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