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GRIFFIN v. STATE

No. 49A02-1212-CR-964.

997 N.E.2d 375 (2013)

Phillip GRIFFIN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

October 23, 2013.

Attorney(s) appearing for the Case

Barbara J. Simmons , Oldenburg, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Richard C. Webster , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

SHEPARD, Senior Judge.

Citizens are obliged to obey a police officer's order to stop when the officer has probable cause or reasonable suspicion to believe that criminal activity may be afoot. When there is no indication of possible criminal activity, does a citizen who walks away commit the crime of resisting arrest by departing? We think it cannot be so, consistent with the Fourth Amendment, and reverse appellant Phillip Griffin's conviction for...

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