128 So. 3d 449
La. Ct. App.2013Background
- Juvenile J.A.J. was adjudicated delinquent for resisting an officer under La. R.S. 14:108; district court held an adjudication hearing and suspended the six-month detention sentence, placing him on probation for one year.
- Evidence showed Detectives Calbracie and Wright and ICE agents detained and questioned multiple suspects during an arrest operation; J.A.J. repeatedly approached and interfered, despite warnings to move away.
- Detectives warned J.A.J. to move on multiple times; he did not comply and was ultimately arrested.
- The appellate court held the evidence sufficient to prove resisting an officer, interpreting Calbracie as a detaining officer or, at minimum, as participating in the detention.
- Errors patent review disclosed the trial court failed to conduct a disposition hearing as required by La. Ch.C. art. 892; disposition is vacated and remanded for a hearing.
- The disposition hearing is required to determine treatment or rehabilitation, and the record lacked waiver by the juvenile.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence to convict for resisting an officer under 14:108? | State | J.A.J. argues lack of obstructive conduct by officer. | Evidence supports delinquency; sufficient circumstantial proof. |
| Did Calbracie qualify as the detaining officer for purposes of 14:108? | State | Calbracie acted in backup capacity and cannot detain. | Calbracie participated in detention; qualifies as detaining officer or supports any deterring conduct. |
| Was the disposition hearing properly conducted? | State | No explicit waiver; hearing not held. | Error patent; disposition vacated and remanded for hearing. |
Key Cases Cited
- State v. Huguet, 369 So.2d 1331 (La. 1979) (refusal to move on not a crime absent obstruction of arrest)
- State v. Washington, 725 So.2d 587 (La. App. 5th Cir. 1998) (refusal to move on may violate 14:108 in context of obstruction)
- City of Lafayette v. Desormeaux, 967 So.2d 477 (La. 2007) (police may take reasonable steps to control arrest scene; distractions violate 14:108)
- State v. Patterson, 758 So.2d 955 (La. App. 4th Cir. 2000) (interference with arrest operation cited in 14:108 analysis)
- Johnson, 534 So.2d 529 (La. App. 5th Cir. 1988) (defendant obstructed police by refusing to move on when warned by back-up officer)