Keion Gaddie v. State of Indiana, 10 N.E.3d 1249

Aug. 4, 2012, around 10:30 p.m., police responded to a disturbance at a residence with about eight people on front
Officer Newlin identified himself in uniform and ordered people, including the defendant, to return to the front yard to monitor the group
Defendant walked away toward the back along the curtilage; backup officer intercepted him about 45 seconds later at the next street
Defendant was charged with Resisting Law Enforcement by fleeing after being ordered to stop; bench trial followed
Court addressed whether evidence was legally sufficient for the element requiring an officer-ordered stop to be based on reasonable suspicion or probable cause, and ultimately held it was not

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the order to stop was supported by reasonable suspicion or probable cause	Gaddie	State	Order insufficient; requires reasonable suspicion or probable cause
Whether the disturbance evidence gave reasonable suspicion for an investigatory stop	State	Gaddie	Disturbance alone not enough; no reasonable suspicion shown
How to construe the statute to avoid unconstitutional detention	State	Gaddie	Statute construed to require probable cause or reasonable suspicion for the stop order; fleeing not proven

Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (reasonable suspicion required for stops involves specific facts and experience)
Florida v. Bostick, 501 U.S. 429 (U.S. 1991) (freedom to walk away; seizure occurs when authority conveys obligation to comply)
Wardlow, 528 U.S. 119 (U.S. 2000) (unprovoked flight and nervous behavior as indicators of reasonable suspicion)
Hodari D., 499 U.S. 621 (U.S. 1991) (seizure requires restraint of movement or submission to authority; fleeing in absence of arrest not a seizure)
Baldwin v. Reagan, 715 N.E.2d 332 (Ind. 1999) (statutory interpretation to uphold constitutionality when multiple readings exist)