Preview:

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Dec 20 2010, 9:13 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLANT: RUTH JOHNSON Indianapolis, Indiana BARBARA J. SIMMONS Oldenburg, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JOBY D. JERRELLS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MARKISHA HILL, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A04-1005-CR-297

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Linda E. Brown, Judge Cause No. 49F10-0908-CM-073013

December 20, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary After a police officer made a warrantless entry into Markisha Hills residence, Hill was charged with and convicted of Class A misdemeanor resisting law enforcement. The sole issue presented on appeal is whether the State presented sufficient evidence that the officer was lawfully engaged in the execution of his duties as a law enforcement officer when he made the warrantless entry. Specifically, Hill contends that the officers

warrantless entry violated her federal and state constitutional rights against unreasonable search or seizure. Concluding that exigent circumstances justified the entry under the Fourth Amendment of the United States Constitution and that the entry was reasonable under Article 1, Section 11 of the Indiana Constitution, we determine that the officer was lawfully engaged in the execution of his duties. The evidence is thus sufficient to sustain Hills conviction for resisting law enforcement. We therefore affirm. Facts and Procedural History In August 2009, thirteen-year-old J.H. called 911 and reported that someone was trying to kill her younger brother. Officer Donald Neal of the Indianapolis Metropolitan Police Department was dispatched to 3953 North Kenwood Avenue in response to the call. He was in a marked police vehicle and wearing his police uniform. En route, Officer Neal received an additional message from the dispatcher stating that, due to the way J.H. sounded on the phone, "something may be terribly wrong" and it may be "an out-of-control situation." Tr. p. 15. Once there, Officer Neal knocked on the front door and announced himself as a police officer. Hill answered the door. She was sweating profusely and smoking a 2

cigarette. Officer Neal, concerned for his safety, asked Hill to put out the cigarette and to step outside onto the front porch to speak with him about what was going on inside the home. Hill refused and attempted to shut the door. Officer Neal was concerned about the seriousness of the 911 call alleging that someone was trying to kill a child and aware, based on his training and experience, that Hill may be trying to divert the police from entering the home "due to a very terrible situation that has happened." Id. at 20. Hills sweating also made Officer Neal suspect that something physical had occurred inside the home before his arrival. Because of these concerns, he pushed the door open and went inside. Officer Neal attempted to detain Hill so that he could investigate. She jerked her arms away from him. She was uncooperative and did not answer any of his questions. When Officer Neal explained why he was at her residence, she stated, "Im just spanking my kids, and . . . theres nothing you can do about it." Id. at 21-22. Hill denied doing anything wrong and "flare[d]" her arms around. Id. at 22. She was sweating so badly that she was able to slip away every time Officer Neal grabbed her arms. Hill swung her left arm toward Officer Neals face. Officer Neal blocked her and then put her into an arm hold and headed out the front door. Hill, screaming and yelling at Officer Neal, managed to break free. When Officer Neal attempted to grab her again, they both fell off the front porch. On the ground, Hill had her hands locked underneath her. Officer Neal told her multiple times to stop resisting and used knee-strikes to try to get her to unlock her hands. Two additional police officers arrived, and together, they were able to pull her hands out from underneath her and handcuff her. 3

The State charged Hill with Class A misdemeanor resisting law enforcement. Ind. Code

Download Markisha Hill v. State of Indiana.pdf

Indiana Law