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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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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