Officer’s ‘ruse’ to enter home leads to reversal of resisting conviction

Jennifer Nelson
February 26, 2014
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A police officer who lied to a woman in order to gain entry into her home was not lawfully engaged in the execution of his duties, the Indiana Court of Appeals ruled Wednesday, so the judges reversed a woman’s resisting law enforcement conviction.

Indianapolis Metropolitan Police Department officer James Gillespie responded to a call from Robin Harper regarding a domestic dispute with her husband. She was outside when the officer arrived and explained the situation. Then Gillespie and officer Scott Hartman located her husband, who had some minor injuries from the incident.

When officers went back to Harper’s residence to arrest her for domestic battery, she refused to open her screen door and allow them inside. She also refused to step outside, so Gillespie told Harper she needed to sign a protective order. When she opened the screen door, the officers stepped inside to arrest her.

She was charged with misdemeanor resisting arrest when she pulled away from Hartman as he tried to remove her wedding ring after she was in handcuffs. She was found guilty at a bench trial.

“In the case before us, Harper never abandoned the privacy interest in her home. She simply opened her front, prime door to answer Officer Gillespie’s knock, and after she did so, she stood behind the closed screen door to speak with him,” Judge Paul Mathias wrote in Robin Harper v. State of Indiana, 49A04-1305-CR-222. “Harper never crossed the threshold of her residence onto her stoop or porch. In addition, Harper expressly denied the officers entry to her home, and rather than obtain a standard warrant for her arrest, Officer Gillespie chose to use fraud to enter the residence to arrest her.”

The judges found that since the officers unlawfully entered Harper’s home, they were not engaged in the lawful execution of their duties at the time they arrested Harper and attempted to remove her ring in preparation for booking.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...