155 So. 3d 876
Miss. Ct. App.2014Background
- Police received a dispatch that shots were fired from a tan Oldsmobile Cutlass in New Albany; Sergeant Ben Kent drove to a nearby duplex where such a car was parked and several people were in the yard.
- Sergeant Kent exited with his pistol drawn, ordered S.M.K.S. (age 13) and his 16‑year‑old brother to show their hands; they did not comply with his commands to place hands on the car.
- Sergeant Kent grabbed S.M.K.S., attempted a pat‑down, and additional officers arrived; S.M.K.S. struggled, officers took him to the ground and one deployed a taser.
- Prosecutor filed a youth‑court petition alleging resisting arrest (Miss. Code § 97‑9‑73); the youth court adjudicated S.M.K.S. delinquent, placed him on six months’ probation and ordered anger‑management counseling.
- At the hearing several officers testified that S.M.K.S. resisted; a neighbor (Bynum) testified S.M.K.S. complied and the officer acted aggressively.
- S.M.K.S. appealed claiming insufficient evidence of resisting arrest and that Sergeant Kent lacked probable cause for initial seizure/arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was probable cause/reasonable suspicion to detain/search S.M.K.S. | Sergeant Kent lacked reasonable suspicion/probable cause; his armed approach and commands were an unlawful seizure of a 13‑year‑old. | Officer had reasonable basis to investigate and pat‑down because of a recent shooting report and proximity to the described vehicle. | Court: approach and limited frisk were reasonable given the report; no unlawful seizure. |
| Whether the arrest for refusing orders (breach/disorderly conduct) was lawful | No probable cause to arrest for breach; refusing to place hands did not justify arrest absent authority to arrest then and there. | Refusal to comply with orders to display hands and put hands on the car in context of a shooting report authorized detention/arrest under breach statute. | Court: Sergeant Kent had authority to detain and arrest for refusal to obey commands under circumstances; arrest lawful. |
| Whether evidence supports finding of resisting arrest | Testimony conflicted; neighbor said no resistance. Argues evidence insufficient beyond reasonable doubt. | Multiple officers testified S.M.K.S. struggled, kicked, yelled, was tased and handcuffed. | Court: viewing evidence for the State, testimony supports adjudication; youth‑court judge did not abuse discretion. |
| Whether resisting an unlawful arrest would excuse conduct | If initial seizure/arrest was unlawful, resisting would be justified. | Arrest was lawful; thus resistance was criminal. | Dissent: initial seizure unlawful so resistance excused. Majority: arrest lawful so resistance stands. Court affirms conviction. |
Key Cases Cited
- In re L.C.A., 938 So.2d 300 (Miss. Ct. App. 2006) (standard on youth‑court review and when officer may take child into custody)
- Chambers v. State, 973 So.2d 266 (Miss. Ct. App. 2007) (offense of resisting arrest presupposes a lawful arrest)
- McFarlin v. State, 883 So.2d 594 (Miss. Ct. App. 2004) (officer may approach to investigate without probable cause; limited frisk when officer reasonably believes person may be armed)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (officer may briefly stop and frisk based on reasonable, articulable suspicion)
- Jones v. State, 798 So.2d 1241 (Miss. 2001) (threshold for probable cause to initiate an arrest)
- Eaddy v. State, 63 So.3d 1209 (Miss. 2011) (reasonable suspicion requires specific and articulable facts)
- Harrell v. State, 109 So.3d 604 (Miss. Ct. App. 2013) (seizure occurs when officer’s show of authority restrains liberty)
- Bondegard v. State, 81 So.3d 1181 (Miss. Ct. App. 2011) (warrantless arrest lawful where facts known to officers establish probable cause)
- United States v. Johnson, 445 F.3d 793 (5th Cir. 2006) (probable cause standard described for warrantless arrests)
- Pollard v. State, 233 So.2d 792 (Miss. 1970) (pursuit to make an arrest begins seizure)