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Leshore v. State

Court: Indiana Supreme Court
Date filed: 2001-09-13
Citations: 755 N.E.2d 164
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3 Citing Cases





ATTORNEY FOR APPELLANT:                 ATTORNEYS FOR APPELLEES:


P. STEPHEN MILLER                       KAREN M. FREEMAN-WILSON

Fort Wayne, Indiana                          Attorney General of Indiana

                                        JOSEPH A. SAMRETA
                                        Deputy Attorney General
                                        Indianapolis, Indiana




                                   IN THE

                          SUPREME COURT OF INDIANA


JAMES LESHORE,                          )
                                        )
      Appellant-Defendant,              )    Supreme Court Cause Number
                                        )    02S03-0101-CR-69
            v.                          )
                                        )    Court of Appeals Cause Number
STATE OF INDIANA,                       )    02A03-0007-CR-234
                                        )
      Appellee-Plaintiff.                    )


                    APPEAL FROM THE ALLEN SUPERIOR COURT
                    The Honorable Frances C. Gull, Judge
                        Cause No.  02D04-9903-CF-133


                           ON PETITION TO TRANSFER

                             September 13, 2001

RUCKER, Justice


      We grant the State’s petition  to  transfer  and  hold  that  where  a
police officer places a person in handcuffs  pursuant  to  a  Writ  of  Body
Attachment, the person is “lawfully detained”  within  the  meaning  of  the
escape statute even though the Writ later proves to be defective.

                                    Facts


      On March 17, 1999, police officer Michael Bennington went to the  Fort
Wayne home of James Leshore to execute a Writ of Body  Attachment.   Leshore
had not paid child support and was being cited for contempt of  court.   The
Writ directed Officer Bennington to “attach and  keep  [Leshore]  until  you
bring [him] before the Judge to answer a charge of contempt in  not  obeying
the order of [the Allen Superior Court].”  R.  at  69.   Officer  Bennington
entered Leshore’s home, placed  Leshore  in  handcuffs,  and  detained  him.
Slipping free of the cuffs, Leshore fled  the  scene.   He  was  apprehended
minutes later.
      Leshore was charged with  escape  and  following  a  bench  trial  was
convicted  as  charged.   The  trial  court  sentenced  him  to  four  years
imprisonment,  ordered  the  sentence  suspended,  and  placed  Leshore   on
probation for two years.  In a two to one decision,  the  Court  of  Appeals
reversed the trial court finding the evidence was  insufficient  to  support
the conviction.  Leshore v. State, 739 N.E.2d  1075,  1079  (Ind.  Ct.  App.
2000).  Observing  that  escape  requires  a  person  to  flee  from  lawful
detention, the Court of Appeals majority determined that Leshore  was  never
lawfully detained because the Writ of Body Attachment  was  invalid  on  its
face.  Id.  More specifically, the Court of Appeals  pointed  out  that  the
statute concerning the issuance of a Writ of Body  Attachment  requires  the
trial court to “fix an amount of [] escrow, if the  order  that  the  person
has allegedly violated concerns a child support obligation[;]”  or  “fix  an
amount of [] bail, if the order the person has allegedly violated  does  not
concern a child support obligation[.]”  Id. at 1077; Ind.  Code  §  34-47-4-
2(b)(2).  In this case, the form order for the Writ shows  the  trial  court
neither fixed an amount for escrow nor bail but specifically called for  “No
Bond.”   R.  at  68.   The  Court  of  Appeals  reversed  Leshore’s   escape
conviction “because there was  never  a  lawful  detention  for  Leshore  to
intentionally flee from.”  Leshore, 739 N.E.2d at 1079.  We  grant  transfer
and affirm the trial court.

                                 Discussion


      We first observe because the Writ did not include an amount  for  bail
or escrow it was defective.  However, we disagree with the Court of  Appeals
that the defect rendered the Writ invalid on its  face.   Facial  invalidity
is not  determined  by  comparing  the  statute  concerning  Writs  of  Body
Attachment  with  the  Writ  ultimately  issued.   Rather,   invalidity   is
dependent upon the circumstances of the particular case.   The  question  is
whether an examination of the four corners of the document reveals  that  it
is invalid.  See, e.g., Stine v. Shuttle, 134 Ind. App. 67, 186 N.E.2d  168,
172 (1962) (observing the general rule that an officer executing process  or
a warrant “is not  required  to  look  beyond  the  process  or  warrant  or
determine the validity or regularity of  the  proceedings  on  which  it  is
founded, or to exercise his judgment touching its validity  in  a  point  of
law . . . .”); see also United States v. Leon,  468  U.S.  897,  923  (1984)
(commenting that by failing to particularize the place to  be  searched  and
the things to be seized, a search warrant may be so facially defective  that
“executing officers cannot reasonably presume it to be  valid.”).   In  this
case, one who looked at the Writ would not necessarily suspect that  it  was
invalid.  The Writ contained the name of  the  defendant/respondent:   James
Leshore; set forth his address; identified the document as a  Writ  of  Body
Attachment  for  a  person  who  was  in  contempt  of  court;  ordered  law
enforcement to attach and keep  Leshore;  and  bore  the  signature  of  the
issuing judge.  R. at 68.  In essence, the Writ was  regular  on  its  face,
appeared to be valid, and gave no indication that anything  more  needed  to
be done other than to execute it.  Only if Officer Bennington  knew  or  had
reason to know that the  applicable  statute  required  the  posting  of  an
amount for escrow or bail would he have  been  alerted  that  something  was
amiss.  However, there is no such evidence of record.
      In any event, although not facially invalid, the Writ was defective as
a matter of law.  However, that fact alone is  not  dispositive  of  whether
Leshore was  lawfully  detained.   Citing  Indiana  Code  sections  35-41-1-
18(a)(1) and (10) (Supp. 2000), which defines lawful  detention  as  “arrest
[] or [] any other detention for law  enforcement  purposes,”  Judge  Barnes
writing in dissent concluded that Officer Bennington was engaged  in  a  law
enforcement activity, and thus Leshore was lawfully detained.  Leshore,  739
N.E.2d at 1079.  We agree with Judge Barnes.  Officer  Bennington  testified
that he was assigned to the Warrants Division of the Allen County  Sheriff’s
Department and had the duty to “go  out  and  locate  individuals  that  are
hiding  or  disobeying  the  Court,  not  honoring  warrants   or   personal
appearances that they should make before  the  Court  and  bring  them  into
custody.”  R. at 45.  Leshore has neither demonstrated nor  argued  why  the
officer’s account of his  activity  does  not  qualify  as  law  enforcement
activity.  Rather, Leshore insists “[t]o allow  law  enforcement  to  detain
and  place  into  custody  any  individual  for   a   civil   matter   under
circumstances in
which the detainee may  be  held  without  any  provision  for  his  or  her
release,  would  seem  to  be  a  flagrant  violation  of  every   citizens’
constitutional rights.”  Br. in Opp’n to Transfer at 1.
      Leshore’s argument is misplaced.  A person seized through the issuance
of a defective Writ of Body Attachment may have a civil rights  claim  or  a
cause of action in tort against those responsible  for  its  issuance,  see,
e.g., Delk v. Bd. Of Comm’rs of Delaware County, 503 N.E.2d  436  (Ind.  Ct.
App. 1987) (complaint for false imprisonment and a claim under 42  U.S.C.  §
1983 where person seized pursuant to a Writ of Body Attachment was  not  the
person named in the document); however, the fact the Writ is defective  does
not control whether an officer is engaged in  law  enforcement  activity  at
the time the Writ is served.  Indeed,  a  law  enforcement  officer  has  no
choice but to carry out an order of a judge when the judge is  acting  in  a
judicial capacity in a matter over which the judge  has  jurisdiction.   See
Grant County Comm’rs v. Cotton, 677 N.E.2d 1103, 1105 (Ind. Ct.  App.  1997)
(finding sheriff entitled to judicial immunity for detaining  a  person  for
an extended period of time as a result of a judge’s order),  trans.  denied;
see also I.C. § 34-47-4-2(c)-(d) (dictating that a sheriff  who  receives  a
body attachment order “shall immediately:  (1) serve the writ; and (2)  take
the person into custody” and “immediately . . . take the person  before  the
court that issued the writ.”).  In this case, when placing the handcuffs  on
Leshore, Officer Bennington was acting in the course of his employment as  a
law enforcement officer pursuant to an order  by  a  trial  court  that  was
valid on its face.   The  officer  was  obligated  to  discharge  his  duty.
Further, absent exceptions not applicable here, just as a  citizen  may  not
resist arrest by a police officer even if the  arrest  later  proves  to  be
unlawful, Casselman v. State, 472 N.E.2d 1310, 1315 (Ind.  Ct.  App.  1985);
City of Indianapolis v. Ervin, 405 N.E.2d  55,  63  (Ind.  Ct.  App.  1980);
Williams v. State, 160 Ind. App. 294, 311 N.E.2d 618, 621 (1974), a  citizen
may not escape from a police officer’s detention even if  the  grounds  upon
which the detention is based are later determined to be defective.

                                 Conclusion


      The evidence was  sufficient  to  sustain  Leshore’s  conviction.   We
therefore affirm the judgment of the trial court.

SHEPARD, C.J., and DICKSON, SULLIVAN and BOEHM, JJ., concur.