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Officer’s ‘ruse’ to enter home leads to reversal of resisting conviction

Jennifer Nelson
February 26, 2014
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A police officer who lied to a woman in order to gain entry into her home was not lawfully engaged in the execution of his duties, the Indiana Court of Appeals ruled Wednesday, so the judges reversed a woman’s resisting law enforcement conviction.

Indianapolis Metropolitan Police Department officer James Gillespie responded to a call from Robin Harper regarding a domestic dispute with her husband. She was outside when the officer arrived and explained the situation. Then Gillespie and officer Scott Hartman located her husband, who had some minor injuries from the incident.

When officers went back to Harper’s residence to arrest her for domestic battery, she refused to open her screen door and allow them inside. She also refused to step outside, so Gillespie told Harper she needed to sign a protective order. When she opened the screen door, the officers stepped inside to arrest her.

She was charged with misdemeanor resisting arrest when she pulled away from Hartman as he tried to remove her wedding ring after she was in handcuffs. She was found guilty at a bench trial.

“In the case before us, Harper never abandoned the privacy interest in her home. She simply opened her front, prime door to answer Officer Gillespie’s knock, and after she did so, she stood behind the closed screen door to speak with him,” Judge Paul Mathias wrote in Robin Harper v. State of Indiana, 49A04-1305-CR-222. “Harper never crossed the threshold of her residence onto her stoop or porch. In addition, Harper expressly denied the officers entry to her home, and rather than obtain a standard warrant for her arrest, Officer Gillespie chose to use fraud to enter the residence to arrest her.”

The judges found that since the officers unlawfully entered Harper’s home, they were not engaged in the lawful execution of their duties at the time they arrested Harper and attempted to remove her ring in preparation for booking.
 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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