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Justices reverse resisting conviction for man who walked from police

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A man who walked away from police after they ordered him to stop was wrongly convicted of resisting law enforcement, the Indiana Supreme Court held Friday in one of two cases that reviewed the statute.

“A person's well-established freedom to walk away is … violated when that person is subjected to a statute that makes it a criminal offense to decline a police order to stop,” Chief Justice Brent Dickson wrote for the court in Keion Gaddie v. State of Indiana, 49S02-1312-CR-789.

“To hold that a citizen may be criminally prosecuted for fleeing after being ordered to stop by a law enforcement officer lacking reasonable suspicion or probable cause to command such an involuntary detention would undermine longstanding search and seizure precedent that establishes the principle that an individual has a right to ignore police and go about his business,” Dickson wrote.

Gaddie was on his property when police responded to a nighttime disturbance involving a number of people. As police arrived and ordered everyone to the front yard of the property, Gaddie walked toward the back, and kept walking as an officer identified himself and ordered him to stop.

Gaddie was convicted after a bench trial at which he testified that he had been preparing to leave before police arrived. The Court of Appeals reversed the conviction, and the Supreme Court agreed.

“To avoid conflict with the Fourth Amendment, Indiana Code section 35-44.1-3-1(a)(3), the statute defining the offense of Resisting Law Enforcement by fleeing after being ordered to stop must be construed to require that a law enforcement officer’s order to stop be based on reasonable suspicion or probable cause,” the court held.

“Under the facts and circumstances of this case, a reasonable trier of fact could not have found that the officer's order to stop was based on such probable cause or reasonable suspicion. The evidence was thus insufficient to convict the defendant.”

Separately, the court applied its holding in Gaddie Friday in another case as it sought to put to rest conflicts among various Court of Appeals opinions.

Justices affirmed the conviction under the same statute in Donald Murdock v. State of Indiana, 48S02-1406-CR-415. In Murdock, an officer responded to a report of a suspect running away from another officer at nighttime, was “engaged in furtive and evasive activity in a high-crime area, was uncooperative, and matched the description of the suspect,” Dickson wrote.

“The evidence and its reasonable inferences clearly established that the defendant knowingly or intentionally fled from a law enforcement officer’s order to stop that was based on reasonable suspicion of criminal activity and thus committed the offense of Resisting Law Enforcement,” the court held.







 

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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