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Bike rider loses 'no duty to stop' argument in resisting appeal

September 5, 2014

A bicycle rider convicted by a jury of resisting law enforcement lost his appeal Friday on his argument that he had no duty to stop after an Indianapolis police officer tripped his siren and followed him in his cruiser.

Jerome Yates was riding his bicycle in an “S” pattern across the center line, swerving into both lanes of travel, according to the officer. The patrolman also noticed Yates had no audible device on his bike as required by law.

As Yates fled after the officer sounded his siren, the officer pursued until the bicyclist fell off his bike when he rode into a gravel driveway. He fled on foot after the officer ordered him to stop, but the officer eventually caught him. Yates was charged with the Class A misdemeanor.

Judge Melissa May discounted Yates’ claim of an unreasonable Terry stop because the officer lacked reasonable suspicion a crime “may be afoot,” and the panel affirmed the conviction. In Jerome Yates v. State of Indiana, 49A02-1312-CR-993, May wrote for the panel in a four-page order that the officer “saw Yates commit two infractions, operating a bicycle left of center and operating a bicycle on a public roadway without an audible device, which provided reasonable suspicion to stop Yates."
 

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