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COA rules police can act reasonably to control investigation scene

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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.”

 

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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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