ILNews

Judges analyze 'use' of body armor for first time

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals interpreted the elements of unlawful use of body armor for the first time in a defendant’s appeal of his convictions following his attempt to flee from police.

French Mason appealed his convictions of Class D felonies resisting law enforcement and unlawful use of body armor. Police responded to a burglary in progress report at an Indianapolis apartment complex and began searching for the suspect or suspects. The police saw two men lying in the backseat of a car, identified themselves as police officers, and ordered the men out of the car.

Mason, one of the men in the car, got into the front seat and drove the car toward an officer. After police shot at it a few times, the other passenger got out after the car stopped and he surrendered. Mason kept trying to drive the car, crashing it several times. Police eventually used a Taser on him and took him into custody. Police discovered he was wearing a bullet proof vest while he was being checked out for injuries. Mason claimed to be wearing it because he was trying to sell it to someone in the apartment complex that night.

He was convicted of three counts of resisting law enforcement, which were merged, and one conviction of unlawful use of body armor.

In French C. Mason v. State of Indiana, No. 49A02-1005-CR-475, the judges affirmed Mason’s conviction of resisting law enforcement – elevated to a Class D felony because he used a vehicle to resist. There was sufficient evidence that Mason knew the men were police officers.

On this challenge to his conviction of unlawful use of body armor, the judges had no caselaw on which to rely. Only one previous case, Haggard v. State, 771 N.E.2d 668 (Ind. Ct. App. 2002), discusses the same crime, but doesn’t clarify what constitutes “use” of body armor.

The judges believed there to be two possible interpretations of “use” under the statute defining unlawful use of body armor: that merely wearing body armor constitutes use; or that in order to “use” body armor, one must expect it to afford reasonable protection during the commission of a felony.

Using the definition of “use” as provided in the Webster’s II New College Dictionary, they chose the interpretation that a defendant must “knowingly or intentionally” use body armor as protection in the course of a felony.

“Here, Mason does not dispute that he knowingly or intentionally wore body armor, but he does dispute that he knowingly or intentionally wore it as protection against law enforcement,” wrote Judge Patricia Riley. “We cannot agree with this assertion, however. We have previously held that ‘intent is a mental function and without a confession, it must be determined from a consideration of the conduct, and the natural consequences of the conduct.’ Accordingly, intent may be proven by circumstantial evidence.”

They found sufficient evidence to show Mason intended to wear the body armor to protect him in the commission of resisting law enforcement.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

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. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

  2. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

ADVERTISEMENT