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Court: refusal to identify law applies to passengers

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Although state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis officers shouldn’t have arrested a man for refusing to identify himself when there was no reasonable suspicion he’d done anything wrong.


The Indiana Court of Appeals addressed that issue in a six-page opinion today in Adam Starr v. State of Indiana, No. 49A04-0912-CR-677, which overturned a ruling by Marion Superior Judge David Certo.


In September 2009, officers from the Indianapolis Metropolitan Police Department arrested Adam Starr for refusing to identify himself, a Class C misdemeanor as defined by Indiana Code 34-28-5-3.5. Two officers pulled over a vehicle driven by Starr’s girlfriend, who’d made an illegal turn. After determining her identity, the officers questioned Starr about his identity. He denied having any ID, claimed he could not remember his Social Security umber, and said his name was “Mr. Horrell.”


After police found a photo ID in the vehicle, he claimed the person pictured was his “identical cousin.” Officers determined his real identify and that an active protective order prohibited any contact between Starr and his girlfriend, and police arrested him on charges of privacy invasion and refusal to identify himself. Starr was acquitted on the privacy invasion charge, but convicted on the refusal charge and received an eight-day sentence in the Marion County Jail.


On appeal, he argued that the statute criminalizing the refusal to identify oneself is directed toward the driver of a vehicle stopped for a traffic offense and not to the passengers.


The appellate court determined that the legislature had not categorically excluded passengers from the statute’s scope and that police are able to detain passengers in certain circumstances during and as a result of those stops. But this case didn’t present circumstances, such as resistance, that allowed the police conduct.


Though most will comply with an officer’s request, the police power to request and obtain this identification isn’t unlimited, the appellate court pointed out.
“In the context of a traffic stop for a vehicular violation, the Good Faith Belief statute provides for detention of a person who, in the ‘good faith’ belief of the officer, ‘has committed an infraction or ordinance violation,'" Judge L. Mark Bailey wrote.

 

“The Refusal to Identify Self statute then criminalizes the refusal to comply with an officer’s lawful request under the statute authorizing detention. In this instance, although Starr was ‘stopped’ when the vehicle in which he was a passenger was ‘stopped,’ there is no showing that Starr was stopped as a consequence of any conduct on his part. There was no reasonable suspicion that he had committed an infraction or ordinance violation, giving rise to an obligation to identify himself upon threat of criminal prosecution.”


As a result, he didn’t fall within the scope of the state statute and his conviction must be reversed, the court ruled.
 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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