What is the legal definition of resisting arrest in Indiana?

Question

If the person was being arrested in their own home for a civil warrant, not criminal at all, and was sitting in their computer chair completly dumb founded and said, (calmly) "What are you talking about? I haven't done anything to go to jail. I don't have to go to jail." Then the officer went completly crazy and pulled out a Tazer gun and tazed them in the heart as they were still being calm and still sitting in the chair. All of this in front of his 10, 12, 14 and 15 year old children. The bench warrent was for failure to appear for a finance company that he thought was taken care of but aparently it wasn't. He also has never had so much as a parking ticket and never in any trouble with the police. And also there is now a $250.00 bond for resisting arrest. So does anyone know if this is considered resisting. He made no threatening moves or comments, just utter shock.

Answer 1

For one, they should have never been in the house ! in Indiana a civil warrant is only a $ 25.00 promise to appear warrant, only executed if you are stopped for a traffic ticket. Normally you go to jail, pay the $25 bucks and get a court date!
You have 4 very creditable witnesses to the wrongful actions of the police ( Whom I'm gonna guess was a "local cop") those kids need to go the prosecutor's office and tell their side of the story on the "cops" misbehavior .
"This is NOT resisting arrest"!!!!!!!
What county did this happen in ? I'm gonna say that if is brought to the attention of the county prosecutor it may be dropped ,if not I would suggest hiring a lawyer and fight it !
Right now thanks to the governing of "Mitch Danials" Indiana does not have the money to try a case of this kind ...."they will drop charges and you'll get your bond money back.

Answer 2

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Answer 3

It depends what is on the Tasercam (the camera built into most police taser units). That evidence will likely show up in any courtroom having to do with the person's arrest.

I already know what the footage will show (the same thing it shows in 99% of these cases). The person acting agitated and aggressive, maybe flailing their arms about. The police officer is telling them to do something and the perpetrator is verbally telling the officer that he is complying while physically he is not and continues to act in an aggressive or otherwise dangerous manner.

Same thing, over and over and over again. Police are well trained in the use of the taser and almost always, when it is used, this is what is going on. That's why there is a CAMERA on the taser unit. So the judge and jury can see what the officer sees. The camera is why almost 100% of these cases find for the officer.

http://www.youtube.com/watch?v=mFIr2kckVlY

Answer 4

This Site Might Help You.

RE:
What is the legal definition of resisting arrest in Indiana?
If the person was being arrested in their own home for a civil warrant, not criminal at all, and was sitting in their computer chair completly dumb founded and said, (calmly) "What are you talking about? I haven't done anything to go to jail. I don't have to go to jail." Then the...

Answer 5

Resisting arrest consists of not obeying the lawful instructions of the officer during the legal service of the warrant. Thus, you can validly assail the accusation that you resisted the arrest which was even civil in nature and need not be made drastically unlike a felon.

Answer 6

im from in although when u said i dont have to go to jail that may be grounds im not sure sounds quite odd to me???i have pre paid legal and love them you should look into it sandy goodluck

Answer 7

I would talk to an attorney about this situation, cause it sounds messed up.