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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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