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Was this a false arrest and do you think I can beat the charges of Refusal to Identify and Resisting Law Enforcement?

Muncie, IN |

Trying to find an attorney atm.

Summary of prob cause affidavit (many parts are completely fabricated!):
I went up to observe 4 people being talked to by cop on the curb at gas station. Cop asks what I'm doing, I said looking for my brother. He then asks who he is and who I am, but I didn't tell him anything after that and he got pissed and arrested me. I asked if he had probable cause and he replied that he didn't (but his report says that he explained to me that he thought I was involved with the 4 people). Then I was searched, and he put his fingers in my pants. I felt violated. I said I don't consent to search or siezure 3 times. Also in the report he wrote that I tried walking away from him. And when I was in cuffs I turned on him. That never happened!
The affidavit isn't signed

Attorney Answers 2

Posted

There are a lot of good attorneys in Muncie. Find a criminal defense attorney and take your paperwork. Most will do a free consult.

Every case is fact sensitive. Without knowing all the facts, no attorney can give you specific advice that you can totally rely on. ANY answer here is just trying to help lead you in the right direction. That direction is to sit down with a local attorney and give them ALL the facts in your case, so that you can get good legal advice. Certainly any response that I give should not be considered legal advice or counsel that can be depended upon.

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Posted

I just did some research on refusal to identify earlier today. According to Hiibel v. Sixth Judicial Dist. Court, 542 U.S. 177 (2004), if there is a valid Terry stop, a state statute requiring suspect to give his name to a cop is not unconstitutional. The case has other interesting statements: at p. 185: “Asking questions is an essential part of police investigations. In the ordinary course a police officer is free to ask a person for identification without implicating the Fourth Amendment.” At p. 188 (citation omitted): “a Terry stop must be justified at its inception and "reasonably related in scope to the circumstances which justified" the initial stop. Under these principles, an officer may not arrest a suspect for failure to identify himself if the request for identification is not reasonably related to the circumstances justifying the stop.”
Starr v. State, 928 N.E.2d 876 (Ind. Ct. App. 2010), available at http://www.in.gov/judiciary/opinions/pdf/06221001lmb.pdf, is an Indiana case where the appeals court held there was no crime when a passenger in a car refused to identify himself after the car was stopped for a driving infraction that the driver committed.
You appear to have a strong legal defense. You should consult with a competent Indiana criminal defense attorney to decide how to defend against these charges in the best way.

Please consider the option to mark this answer as helpful or best answer. I have taken no action on your problem other than to review your question. I want to confirm that no attorney-client relationship has been created between our firm and you in connection with this matter, and that nothing in this response is legal advice to you. My intention was to provide a small bit of help in a short amount of time. As you may know, the legislature and the courts can change the law in ways that may affect the strength of your case. In addition, the circumstances of your case may change. Because I do not represent you, I cannot keep track of, and inform you about, any change in the law. There are time limits for raising certain claims and defenses. Without taking more time to review your case, this firm cannot properly advise about those deadlines. You may lose your claims and defenses if they are not filed in court within the time allowed. I advise you to retain the services of an attorney as soon as possible.

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