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Can You Just Walk Away From The Police?

On April 3, 2014, the Indiana Supreme Court will hear arguments in the case of Gaddie v. State, 991 N.E.2d 137 (Ind. Ct. App. 2013). In Gaddie, police officers responded to a disturbance at a house. Officers directed individuals to the front yard of the house. However, Mr. Gaddie began walking toward the alley. Officers ordered Mr. Gaddie to stop on two occasions, but he did not comply. He was arrested and convicted of Resisting Law Enforcement as a Class A Misdemeanor. He appealed and challenged his sentence asserting that he had no duty to stop and comply with a consensual encounter. The Indiana Court of Appeals agreed and found that there was insufficient evidence to support his conviction. The Indiana Supreme Court has since granted transfer and has taken over the case. Its decision will have significant ramifications concerning the liberty of individuals and their freedom to simply walk away from the police.

If you have questions concerning your appellate rights or believe your constitutional rights have been violated, contact Keffer Barnhart LLP today at 1-800-NOT GUILTY or (317) 857-0160.