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Court: refusal to identify law applies to passengers

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Although state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis officers shouldn’t have arrested a man for refusing to identify himself when there was no reasonable suspicion he’d done anything wrong.


The Indiana Court of Appeals addressed that issue in a six-page opinion today in Adam Starr v. State of Indiana, No. 49A04-0912-CR-677, which overturned a ruling by Marion Superior Judge David Certo.


In September 2009, officers from the Indianapolis Metropolitan Police Department arrested Adam Starr for refusing to identify himself, a Class C misdemeanor as defined by Indiana Code 34-28-5-3.5. Two officers pulled over a vehicle driven by Starr’s girlfriend, who’d made an illegal turn. After determining her identity, the officers questioned Starr about his identity. He denied having any ID, claimed he could not remember his Social Security umber, and said his name was “Mr. Horrell.”


After police found a photo ID in the vehicle, he claimed the person pictured was his “identical cousin.” Officers determined his real identify and that an active protective order prohibited any contact between Starr and his girlfriend, and police arrested him on charges of privacy invasion and refusal to identify himself. Starr was acquitted on the privacy invasion charge, but convicted on the refusal charge and received an eight-day sentence in the Marion County Jail.


On appeal, he argued that the statute criminalizing the refusal to identify oneself is directed toward the driver of a vehicle stopped for a traffic offense and not to the passengers.


The appellate court determined that the legislature had not categorically excluded passengers from the statute’s scope and that police are able to detain passengers in certain circumstances during and as a result of those stops. But this case didn’t present circumstances, such as resistance, that allowed the police conduct.


Though most will comply with an officer’s request, the police power to request and obtain this identification isn’t unlimited, the appellate court pointed out.
“In the context of a traffic stop for a vehicular violation, the Good Faith Belief statute provides for detention of a person who, in the ‘good faith’ belief of the officer, ‘has committed an infraction or ordinance violation,'" Judge L. Mark Bailey wrote.

 

“The Refusal to Identify Self statute then criminalizes the refusal to comply with an officer’s lawful request under the statute authorizing detention. In this instance, although Starr was ‘stopped’ when the vehicle in which he was a passenger was ‘stopped,’ there is no showing that Starr was stopped as a consequence of any conduct on his part. There was no reasonable suspicion that he had committed an infraction or ordinance violation, giving rise to an obligation to identify himself upon threat of criminal prosecution.”


As a result, he didn’t fall within the scope of the state statute and his conviction must be reversed, the court ruled.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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