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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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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