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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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