COA affirms resisting police conviction

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The Indiana Court of Appeals was hesitant to rely on an Indiana Supreme Court case’s definition of “forcibly resist” because that language doesn’t appear to adequately describe the meaning of the phrase as it has been recently applied.

In Jose Lopez v. State of Indiana, No. 49A04-0908-CR-464, Jose Lopez appealed his Class A misdemeanor resisting law enforcement conviction, arguing the evidence of his case showed he was standing his ground and the evidence is insufficient to show he “forcibly” resisted the officers’ attempts to handcuff him.

Two Indianapolis Metropolitan Police Officers responded to a domestic disturbance call at an apartment where they found Lopez. Lopez didn’t want to answer the officers’ questions, repeatedly refused to give his name, and when they tried to handcuff him, he resisted. Lopez crossed his arms, pulled away, and continued to refuse to give his hands. He was stunned by a Taser and later put his arms behind his back to be handcuffed.

The COA looked to its own caselaw as well as that from the Supreme Court, including Spangler v. State, 607 N.E.2d 720, 723 (Ind. 1993), and Johnson v. State, 833 N.E.2d 516 (Ind. Ct. App. 2005). In Spangler, the justices ruled someone forcibly resists law enforcement when “strong, powerful, violent means are used to evade a law enforcement official’s rightful exercise of his or her duties.” In Johnson, the panel noted “until we are instructed otherwise by our Supreme Court, we see no reason to apply what appears to be an overly strict definition of forcibly resist.”

Then, in Graham v. State, 903 N.E.2d 963 (Ind. 2009), the high court approved of the language used in Spangler to define “forcibly resist,” while simultaneously approving the holding in Johnson.

“Although the Graham court acknowledged that that the resistance described in Johnson was “modest,” … the Graham court apparently overlooked the Johnson court’s explicit acknowledgement that it was modifying the language of Spangler,” wrote Judge Terry Crone. “Accordingly, we are somewhat hesitant to rely on Spangler’s strong language because it does not appear to adequately describe the meaning of “forcibly resist” as it has more recently been applied.”

But the Court of Appeals found Lopez’s case to be similar to that in Johnson in which the court found sufficient evidence of “forcibly” resisting law enforcement when the defendant turned away and stiffened up.

Lopez did more than passively resist arrest. If the officers couldn’t pull his arms out from under him, it is reasonable to infer that he was forcibly resisting their efforts rather than remaining entirely passive. But Judge Crone also noted the courts can't rely on the amount of force law enforcement uses to subdue a defendant to determine if someone “forcibly resists” because that could lead to law enforcement using more excessive force.



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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 ...