ARCHER v. STATE (2026)

MEMORANDUM DECISION

[1] Christopher Charles Archer appeals his conviction for Class A misdemeanor resisting law enforcement by force. See Ind. Code § 35-44.1-3-1(a)(1). He contends that the State failed to prove that he “forcibly” resisted. We disagree and affirm.

[2] The State presented evidence that on January 22, 2025, Evansville police officer Stephen King was dispatched to a shelter because three people appeared to be intoxicated or overdosing. When Officer King arrived, he saw Archer sitting by himself. During the investigation, Archer stood up multiple times despite being told to stay seated. Officer King eventually warned Archer he would be handcuffed if he didn't cooperate. Archer continued to refuse orders to sit down, and Officer King attempted to handcuff him. Archer “tensed up his arms,” so another officer had to assist Officer King. Tr. p. 8. After Archer was handcuffed, Officer King learned that he had two active felony warrants. Officer King and another officer escorted Archer to the front of a patrol car to be searched incident to arrest. As he was being escorted, Archer first “put his feet out in front of him” to keep from moving forward and then “buckled his legs” so that the officers had to hold him up. Id. at 9, 11. While being searched, Archer “pushed back” against the officers “as if he was going to turn around.” Id. at 9. Officer King told Archer to stop resisting, but Archer “again moved himself away from the car.” Id. The officers were eventually able to transport Archer to jail.

[3] As our Supreme Court has explained:

[A] person “forcibly” resists, obstructs, or interferes with a police officer when he or she uses strong, powerful, violent means to impede an officer in the lawful execution of his or her duties. But this should not be understood as requiring an overwhelming or extreme level of force. The element may be satisfied with even a modest exertion of strength, power, or violence.

Walker v. State, 998 N.E.2d 724, 727 (Ind. 2013). Archer argues that tensing up one's arms to avoid being handcuffed and twisting while being searched don't constitute force, but he doesn't address the evidence that he “put his feet out in front of him” to keep from moving forward and then “pushed back” against the officers when they were searching him. Those actions were exertions of strength or power that support Archer's conviction.

[4] Affirmed.

Vaidik, Judge.

Bailey, J., and Scheele, J., concur.