ILNews

COA rules police can act reasonably to control investigation scene

Back to TopCommentsE-mailPrintBookmark and Share

Police were justified in handcuffing a woman who they felt was a safety risk inside her home during an investigation, the Indiana Court of Appeals has ruled.

In Marvelean Williams v. State of Indiana, No. 49A02-1105-CR-418, the court affirmed a decision by Marion Superior Judge Barbara Collins involving a woman arrested in January 2011. Indianapolis Metropolitan Police officers were dispatched to the home of Marvelean Williams to investigate a domestic disturbance. They arrested her husband for battery, and Williams became belligerent and refused to follow orders to stay seated. When she tried to go into the kitchen, police were concerned she might try to get a knife or weapon, so they placed her in handcuffs for their safety. She resisted and was charged with resisting law enforcement, a Class A misdemeanor. At a bench trial she was found guilty.

On appeal, Williams argues that there is insufficient evidence that the officers were lawfully engaged in execution of their duties when they were inside the home. She doesn’t claim the police were unlawfully inside and doesn’t dispute their investigation of a domestic dispute, but she contends that they didn’t have the authority to order her to stop resisting and stay calm.  Although a previous Court of Appeals ruling from 2007 doesn’t discuss the extent of an officer’s power to control the scene while conducting an investigation, the appellate panel found this situation with Williams presented more of a safety risk than that case. The court found she was actively interfering with their investigation, and they had a right to restrain her.

“Williams has not cited any authority to convince us that the officers acted unlawfully when they handcuffed her for safety reasons while they conducted their investigation, and we are not aware of any such authority,” Judge Terry Crone wrote. “Police have a legal right to take reasonable steps to stabilize a situation such as this during the course of their investigation. This is so for both the safety of the officers as well as the citizens present.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

ADVERTISEMENT