ILNews

Gaming agents have full police power

Back to TopE-mailPrintBookmark and Share

A gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense of resisting law enforcement, the Indiana Court of Appeals decided today.

In William B. Jones v. State of Indiana, No. 73A01-0911-CR-532, William Jones argued he couldn’t be convicted of resisting law enforcement because the person he resisted was a gaming agent of the Gaming Commission. Jones was at a casino in Shelbyville when he got into an altercation. Gaming Agent Bradley Onskt identified himself as a police officer and inquired about the altercation. Jones continued to yell and resisted arrest by jerking away from Onskt, continuing to struggle after being handcuffed, and bumping into patrons.

Indiana statute says for purposes of riverboat gambling, a law enforcement agency includes gaming agents of the Indiana Gaming Commission, and gaming agents are vested with full police powers and duties to enforce Indiana Code Article 4-33.

“The plain language of Indiana Code Article 4-33 states unambiguously the General Assembly’s intent that gaming agents exercise full police power, including the power to arrest suspected offenders,” wrote Judge L. Mark Bailey. “It would be absurd to expect gaming agents to do so without the deterrence provided by the Resisting Law Enforcement statute.”


 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  2. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

  3. This article is excellent and should be required reading for all attorneys and would-be attorneys, regardless of age or experience. I've caught myself committing several of the errors mentioned.

  4. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  5. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

ADVERTISEMENT