I just came across this case and felt that it fit in really well with some of the discussion on this thread. Its long so I just cut the part out about the arrest. If there is enough interest I can post the whole thing:
Rachid Dallaly appeals his convictions for resisting law enforcement as a class A misdemeanor[1] and disorderly conduct as a class B misdemeanor.[2] Dallaly raises two issues, which we revise and restate as whether the evidence is sufficient to sustain his convictions. We affirm.
The facts most favorable to the convictions follow. On December 5, 2008, Indianapolis Metropolitan Police Officer Eli Raisovich, Jr. was on patrol and observed Dallaly walking southbound along Lafayette Road in Marion County. Officer Raisovich witnessed Dallaly "remove[] something white from his mouth and [throw] it into the brush line," and he then turned his car around, pulled up in front of him, activated his emergency equipment, and stopped Dallaly. Transcript at 11. Officer Raisovich asked Dallaly "why he threw something on the ground," and Dallaly stated that he "did not." Id. Officer Raisovich told Dallaly that "I did see you remove something from your mouth and throw it on the ground, and [Dallaly again] stated he did not." Id. Officer Raisovich then informed Dallaly that he was going to cite him for littering, and he asked Dallaly for his identification. The object Dallaly discarded into the brush line was later determined to be an apple core.
Dallaly informed Officer Raisovich that his identification was in his backpack, and he began to look for it. After Dallaly could not find his identification, "[Dallaly] told [Officer Raisovich] that [Officer Raisovich] could not detain him, that [Dallaly] wasn't going to look anymore because he was cold, his fingers were cold." Id. at 12. After Officer Raisovich told Dallaly that he still needed to provide his identification, Dallaly "began to tell [Officer Raisovich] again that [he] couldn't detain [Dallaly], began to get animated, curse, picked up his backpack and started to take a step away from [Officer Raisovich]." Id. Officer Raisovich told him to stop, but Dallaly still proceeded to leave. Dallaly then "turned aggressively toward [Officer Raisovich], [Officer Raisovich] grabbed [Dallaly's] right wrist with his right arm and barred [Dallaly] against [his police car] . . . ." Id. When Officer Raisovich reached for Dallaly, he "felt [Dallaly's] stance change dramatically. His demeanor changed." Id. at 24.
Officer Jeffrey Mehrlich then showed up on the scene to assist Officer Raisovich. After Officer Raisovich told Dallaly that he was under arrest, Dallaly continued to struggle by "pulling his hands up inside [his clothing] so his hand was very difficult to [handcuff]."
Rachid Dallaly appeals his convictions for resisting law enforcement as a class A misdemeanor[1] and disorderly conduct as a class B misdemeanor.[2] Dallaly raises two issues, which we revise and restate as whether the evidence is sufficient to sustain his convictions. We affirm.
The facts most favorable to the convictions follow. On December 5, 2008, Indianapolis Metropolitan Police Officer Eli Raisovich, Jr. was on patrol and observed Dallaly walking southbound along Lafayette Road in Marion County. Officer Raisovich witnessed Dallaly "remove[] something white from his mouth and [throw] it into the brush line," and he then turned his car around, pulled up in front of him, activated his emergency equipment, and stopped Dallaly. Transcript at 11. Officer Raisovich asked Dallaly "why he threw something on the ground," and Dallaly stated that he "did not." Id. Officer Raisovich told Dallaly that "I did see you remove something from your mouth and throw it on the ground, and [Dallaly again] stated he did not." Id. Officer Raisovich then informed Dallaly that he was going to cite him for littering, and he asked Dallaly for his identification. The object Dallaly discarded into the brush line was later determined to be an apple core.
Dallaly informed Officer Raisovich that his identification was in his backpack, and he began to look for it. After Dallaly could not find his identification, "[Dallaly] told [Officer Raisovich] that [Officer Raisovich] could not detain him, that [Dallaly] wasn't going to look anymore because he was cold, his fingers were cold." Id. at 12. After Officer Raisovich told Dallaly that he still needed to provide his identification, Dallaly "began to tell [Officer Raisovich] again that [he] couldn't detain [Dallaly], began to get animated, curse, picked up his backpack and started to take a step away from [Officer Raisovich]." Id. Officer Raisovich told him to stop, but Dallaly still proceeded to leave. Dallaly then "turned aggressively toward [Officer Raisovich], [Officer Raisovich] grabbed [Dallaly's] right wrist with his right arm and barred [Dallaly] against [his police car] . . . ." Id. When Officer Raisovich reached for Dallaly, he "felt [Dallaly's] stance change dramatically. His demeanor changed." Id. at 24.
Officer Jeffrey Mehrlich then showed up on the scene to assist Officer Raisovich. After Officer Raisovich told Dallaly that he was under arrest, Dallaly continued to struggle by "pulling his hands up inside [his clothing] so his hand was very difficult to [handcuff]."