ILNews

Resisting law enforcement conviction reversed because man had no duty to stop

Back to TopCommentsE-mailPrintBookmark and Share

Finding police lacked reasonable suspicion and probable cause when responding to a call about a disturbance that would justify a seizure of a Marion County man, the Indiana Court of Appeals concluded Keion Gaddie was subject to an unlawful stop.

Gaddie appealed his Class A misdemeanor conviction of resisting law enforcement that was a result of him refusing to stop walking away from a police officer after the officer ordered Gaddie to stop. The officer was responding to a report of a disturbance at Gaddie’s home and was trying to round everyone up in the front yard to keep an eye on the group. The officer did not see Gaddie or anyone else commit a crime before ordering Gaddie to stop nor was he under arrest.

The state had to prove beyond a reasonable doubt Gaddie knowingly or intentionally fled from the officer after the officer identified himself and ordered Gaddie to stop. Gaddie claims there’s insufficient evidence because he had no duty to stop in what he considered a consensual encounter.

The Court of Appeals in Corbin v. State, 568 N.E.2d 1064, 1065 (Ind. Ct. App. 1991), held that “evidence of flight following a police officer’s order to stop is admissible in a prosecution for resisting law enforcement regardless of the lawfulness of the order.”

“To agree with the rationale in Corbin would effectively render the consensual encounter nonexistent in the state of Indiana,” Chief Judge Margret Robb wrote in Keion Gaddie v. State of Indiana, 49A02-1212-CR-953. “Thus, we hold that as long as a seizure has not taken place within the meaning of the Fourth Amendment, a person is free to disregard a police officer’s order to stop and cannot be convicted of resisting law enforcement for fleeing.”

The judges rejected the state’s argument that there was reasonable suspicion to conduct an investigatory stop. But a report of a disturbance without more is insufficient to create a basis for conducting an investigatory stop, the court ruled. Gaddie was walking beside his home and had not committed any crime. The officer’s explanation that safety was a concern was “merely speculative,” Robb wrote.

Because Gaddie was under no duty to stop when the officer ordered him to do so, the judges reversed his conviction.

 

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

ADVERTISEMENT