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COA: Teen didn't resist law enforcement

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A teen who refused to stand up or pull up his pants when ordered by a police officer did not resist law enforcement, the Indiana Court of Appeals ruled today.

In A.C. v. State of Indiana, 49A04-0912-JV-682, A.C. appealed his adjudication for committing what would be Class A misdemeanor resisting law enforcement if committed by an adult. Officer Richard Stratman was dispatched to the lobby regarding the recovery of a runaway juvenile. A.C. was in the lobby of an Indianapolis Metropolitan Police Department district headquarters with his mother.

A.C. didn’t answer Stratman’s questions, refused to stand up, and didn’t pull his pants up when asked. When the officer attempted to pull them up, A.C. pulled away a little and pulled down part of his pants. A.C. also leaned his weight and pulled away from Stratman’s grasp.

A.C. was committed to the Department of Correction but the juvenile court suspended the commitment and put him on probation.

The Court of Appeals delved into previous caselaw on forcible resistance, referencing Spangler v. State, 607 N.E.2d 720 (Ind. 1993), Johnson v. State, 833 N.E.2d 516 (Ind. Ct. App. 2005), Graham v. State, 903 N.E.2d 963 (Ind. 2009), and Colvin v. State, 916 N.E.2d 306 (Ind. Ct. App. 2010).

The Graham court confirmed that it is error as a matter of law to conclude that “forcibly resists” includes all actions that are not passive. Graham refused to put his hands up and give his arms for cuffing. In Colvin, the appellate court noted that the officers testified that Colvin wasn’t complying with the officers’ commands and the officers had to use force to arrest Colvin. Colvin refused to take his hands out of his pockets. Neither case had sufficient evidence to show the defendants forcibly resisted officers.

“Here, there is even less evidence of forcible resistance than in either Graham or Colvin,” wrote Judge Terry Crone. “We observe that although A.C. did not stand up when asked, Officer Stratman pulled him to his feet without resistance. A.C.’s simple failure to stand, without more, amounts to passive inaction and seems analogous to the failure to present one’s arms for handcuffing, which our supreme court has said does not constitute forcible resistance.”

The judge also noted that leaning away and pulling down one’s pants don’t constitute forceful resistance to the performance of Stratman’s duties. Stratman never had to struggle to cuff A.C. or to get him to see medics for an arm injury.

“While A.C.’s conduct may have justified a physical response from the officer, that does not equate to criminal conduct as to A.C. under the supreme court’s current definition of resisting law enforcement,” wrote Judge Crone.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

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  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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