IN: You can walk off from an officer talking to you where no RS

Defendant could not be convicted of resisting a law enforcement officer by walking off when the officer wanted to talk to him, absent reasonable suspicion. [But it kind of sounds like reasonable suspicion in the opinion.] Jones v. State, 2015 Ind. App. LEXIS 503 (July 6, 2015):

P1 In August 2014, an Indianapolis police officer responded to a call that a person was down. Upon arrival the officer saw Richard Jones standing over a female lying in the middle of the street. When the officer asked Jones to “come here,” Jones continued to walk to the other side of the street. A witness approached the officer and told him that he had seen Jones standing over the female, yelling at her, and daring her to get up. The officer again asked Jones to “come here,” but Jones continued to walk off.

P2 The trial court found Jones guilty of Class A misdemeanor resisting law enforcement, and Jones now appeals arguing that the evidence is insufficient to prove that he had a duty to stop and, therefore, Officer Miller did not have reasonable suspicion to order him to stop. Because the evidence is insufficient to prove that the order to stop was supported by reasonable suspicion, we reverse his conviction.