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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

ADVERTISEMENT