Johnson v. State, 833 N.E.2d 516 (Ind. Ct. App. 2005). · Go Syfert
Johnson v. State, 833 N.E.2d 516 (Ind. Ct. App. 2005). Cases Citing This Book View Copy Cite
91 citation events (91 in the last 25 years) across 4 distinct courts.
Strongest positive: Antoinette Mcnary v. State of Indiana (indctapp, 2025-09-29)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
discussed Cited as authority (rule) Antoinette Mcnary v. State of Indiana
Ind. Ct. App. · 2025 · confidence medium
Similarly, in Johnson v. State, a panel of this Court affirmed a defendant’s conviction when, among other things, he Court of Appeals of Indiana | Opinion 25A-CR-781 | September 29, 2025 Page 9 of 12 turned away from an officer who was attempting to search him “and pushed away [from the officer] with his shoulders while cursing and yelling.” 833 N.E.2d 516, 517 (Ind. Ct. App. 2005). [17] We find Jordan and Johnson distinguishable from the present case.
discussed Cited as authority (rule) Flores v. Smith
N.D. Ind. · 2022 · confidence medium
Ind. Mar. 13, 2019) (finding probable cause to arrest for resisting law enforcement where the plaintiff interfered in a meaningful way by imposing his arms between the officer and the person being arrested and blocking the officer’s view at one point (comparing Spangler v. State, 607 N.E.2d 720, 723 (Ind. 1993), with Guthrie v. State, 720 N.E.2d 7, 9 (Ind. Ct. App. 1999), and Johnson v. State, 833 N.E.2d 516, 519 (Ind. Ct. App. 2005))).
discussed Cited as authority (rule) Torence L. Jackson, Jr. v. State of Indiana
Ind. Ct. App. · 2020 · signal: cf. · confidence medium
See also Colvin v. State, 916 N.E.2d 306 (Ind. Ct. App. 2009) (reversing a conviction for resisting; Colvin refused to take hands out of pockets, and officers placed him on ground and handcuffed him, but Colvin did not physically resist), trans. denied; cf. Johnson v. State, 833 N.E.2d at 518-19 (affirming a conviction for resisting; Johnson pushed away from officers as they attempted to search him and “stiffened up” when officers attempted to place him in transport vehicle). [12] Other jurisdictions have addressed the use of force by defendants who fail to obey police instructions.
discussed Cited as authority (rule) Brian Valenti v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Thus, Indiana courts have held that “showing strength and a threat of violence” is forcible resistance, Walker, 998 N.E.2d at 727-28 ; that “aggressively pulling away” from an officer trying to arrest is forcible resistance, Glenn v. State, 999 N.E.2d 859, 862 (Ind. Ct. App. 2013); that “starting to pull away” from an officer and keeping one’s arms underneath oneself to prevent handcuffing are forcible resistance, Lopez v. State, 926 N.E.2d 1090, 1093-94 (Ind. Ct. App. 2010), trans. denied; and that stiffening one’s arms to avoid handcuffing is forcible resistance, Graham v. St…
discussed Cited as authority (rule) Nikolas Shannon v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
See Lopez v. State, 926 N.E.2d 1090, 1093-1094 (Ind. Ct. App. 2010) (holding the evidence was sufficient to show the defendant acted with the requisite force in resisting the officers where the defendant refused to stand to be cuffed and “started to pull away” when the officers tried to physically pull him up from the couch and where the officers attempted to place his arms behind his back and were unable to do so), trans. denied; Johnson v. State, 833 N.E.2d 516, 518-519 (Ind. Ct. App. 2005) (finding the defendant resisted officers by turning away and pushing away with his shoulders as th…
discussed Cited as authority (rule) Steven A. Pearson v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2016 · confidence medium
See Lopez v. State, 926 N.E.2d 1090, 1093-1094 (Ind. Ct. App. 2010) (holding that the evidence was sufficient to prove that the defendant acted with the requisite force in resisting the officers in the execution of their duties where the defendant refused to stand and “started to pull away” when the officers tried to physically pull him up from the couch and where the officers were unable to pull his arms out from under the defendant), trans. denied; Johnson v. State, 833 N.E.2d 516, 518-519 (Ind. Ct. App. 2005) (holding that the defendant forcibly resisted police officers by turning away …
discussed Cited as authority (rule) Brandon McGaughey v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2016 · confidence medium
We have affirmed convictions for resisting law enforcement where the defendant pulled away from police officers and refused to place his hands behind his back, Lopez v. State, 926 N.E.2d 1090, 1093-94 (Ind. Ct. App. 2010), trans. denied; where a defendant was flailing, jerking, or squirming her body while an officer was trying to handcuff her, J.S. v. State, 843 N.E.2d 1013, 1017 (Ind. Ct. App. 2006), trans. denied; and where a defendant “stiffened up” when police attempted to place him in a police vehicle, Johnson v. State, 833 N.E.2d 516, 518-19 (Ind. Ct. App. 2005).
cited Cited as authority (rule) Gilberto Jimenez v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2016 · confidence medium
Johnson v. State, 833 N.E.2d 516, 517 (Ind. Ct. App. 2005).
discussed Cited as authority (rule) Blake John Drapeau v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2016 · confidence medium
Thus, Indiana courts have held that “showing strength and a threat of violence” is forcible resistance, Walker, 998 N.E.2d at 727-28 ; that “aggressively pulling away” from an officer trying to arrest is forcible resistance, Glenn v. State, 999 N.E.2d 859, 862 (Ind. Ct. App. 2013); that “starting to pull away” from an officer and keeping one’s arms underneath oneself to prevent handcuffing are forcible resistance, Lopez v. State, 926 N.E.2d 1090, 1093-94 (Ind. Ct. App. 2010), trans. denied; and that stiffening one’s arms to avoid handcuffing is forcible resistance, Graham v. St…
examined Cited as authority (rule) Monisha Rhodes v. State of Indiana (3×) also: Cited "see"
Ind. Ct. App. · 2014 · confidence medium
Graham v. 4 State, 903 N.E.2d 963, 965 (Ind. 2009) (citing Johnson v. State, 833 N.E.2d 516, 517 (Ind. Ct. App. 2005)).
cited Cited as authority (rule) Freddie Patterson v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
Id. at 519.
discussed Cited as authority (rule) Betty Woods v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
The court cited with approval our court’s opinion in Johnson v. State, 833 N.E.2d 516, 517 (Ind. Ct. App. 2005), wherein we concluded that the defendant “forcibly resisted” by pushing away from the officer with his shoulders and stiffening up when the officers attempted to place the defendant in a police vehicle.
discussed Cited as authority (rule) Joshua Cornett v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
See also, Glenn v. State, 999 N.E.2d at 859 (concluding the defendant forcibly resisted where she refused to walk and aggressively tried to pull away from a police officer); Johnson v. State, 833 N.E.2d 516, 517 (Ind. Ct. App. 2005) (concluding the defendant forcibly resisted where he used physical means to resist the officers by turning away and pushing away with his shoulders and “stiffened up” so officers had to exert physical force to place him inside the transport vehicle).
discussed Cited as authority (rule) Demetrius Walker v. State of Indiana
Ind. · 2013 · confidence medium
But in Johnson v. State, the Court of Appeals found forcible resistance because that defendant turned and pushed away from officers as they attempted to search him, and stiffened up as they put him in a transport vehicle 833 N.E.2d 516, 518-19 (Ind.Ct.App.2005).
cited Cited as authority (rule) Victor Gutierrez v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
Id. at 965-66 (citing with approval Johnson v. State, 833 N.E.2d 516, 517 (Ind. Ct. App. 2005)).
discussed Cited as authority (rule) Rhonda Johnson v. State of Indiana (2×) also: Cited "see"
Ind. Ct. App. · 2013 · confidence medium
In Johnson v. State, 833 N.E.2d 516, 517 (Ind. Ct. App. 2005), a defendant in custody “pushed away with his shoulders while cursing and yelling” when the officer attempted to search him.
discussed Cited as authority (rule) Demetrius Walker v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
We tempered the Span-gler definition of forceful in Johnson v. State, 833 N.E.2d 516, 519 (Ind.Ct.App.2005), when we stated that “our jurisprudence has not read ‘violent’ to mean that which is thought of in common parlance.” We concluded that “until we are instructed otherwise by our [s]upreme [c]ourt, we see no reason to apply what appears to be an overly strict definition of ‘forcibly resisting[.]’ ” Id.
cited Cited as authority (rule) George R. Clark v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
Johnson v. State, 833 N.E.2d 516, 518-19 (Ind. Ct. App. 2005).
discussed Cited as authority (rule) Deon Liggans v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
See Dallaly v. State, 916 N.E.2d 945, 950-51 (Ind. Ct. App. 2009) (determining that sufficient evidence established forcible resistance where Dallaly at first turned away from the officer and then turned aggressively toward the officer when told to halt, and resisted being handcuffed); Johnson v. State, 833 N.E.2d 516, 518-19 (Ind. Ct. App. 2005) (determining that sufficient evidence established forcible resistance where Johnson turned and pushed away from officers as they attempted to search him and then stiffened his body to avoid being placed in a jail transport vehicle).
discussed Cited as authority (rule) Derek Rucker v. State of Indiana (2×)
Ind. Ct. App. · 2012 · confidence medium
Graham v. State, 903 N.E.2d 963, 965 (Ind. 2009) (citing Johnson v. State, 833 N.E.2d 516, 517 (Ind. Ct. App. 2005)).
discussed Cited as authority (rule) Anthony Earl Coakley v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
Likewise, in Johnson v. State, 833 N.E.2d 516, 518-19 (Ind. Ct. App. 2005), this court affirmed the defendant’s conviction based on the defendant’s acts of turning and pushing away from the officers and stiffening up when the officers attempted to place him into a transport vehicle.
cited Cited as authority (rule) Anthony P. Wamue v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
More recently, in Johnson v. State, 833 N.E.2d 516, 517 (Ind. Ct. App. 2005), a 4 defendant in custody “pushed away with his shoulders” when an officer attempted to search him.
discussed Cited as authority (rule) Stansberry v. State (2×)
Ind. Ct. App. · 2011 · confidence medium
Graham v. State, 903 N.E.2d 963, 965 (Ind. 2009) (citing Johnson v. State, 833 N.E.2d 516, 517 (Ind.Ct.App.2005)).
discussed Cited as authority (rule) Aguirre v. State (2×) also: Cited "see"
Ind. Ct. App. · 2011 · confidence medium
In Johnson v. State, 833 N.E.2d 516, 517 (Ind.Ct.App.2005), a defendant in custody “pushed away with his shoulders while cursing and yelling” when the officer attempted to search him.
discussed Cited as authority (rule) AC v. State
Ind. Ct. App. · 2010 · confidence medium
In Johnson v. State, 833 N.E.2d 516 (Ind.Ct.App.2005), another panel of this Court stated that it "may have moderated the definition of `forcibly resist' as it was written in Spangler [,]" and noted that "until we are instructed otherwise by our Supreme Court, we see no reason to apply what appears to be an overly strict definition of forcibly resist[.]" Id. at 519; see also J.S. v. State, 843 N.E.2d 1013 , 1017 (Ind. Ct.App.2006) (noting that Indiana courts had not applied an overly strict definition of "forcibly resist"), trans. denied. *910 Last year, our supreme court revisited the meaning…
discussed Cited as authority (rule) Lopez v. State
Ind. Ct. App. · 2010 · confidence medium
In Johnson, we concluded that there was sufficient evidence that the defendant "forcibly" resisted arrest where he "turned away and pushed away with his shoulders" while the officer attempted to search him and "stiffened up" when the officers attempted to put him into the police car, thereby "requiring that the officers exert force to place him inside the transport vehicle." 833 N.E.2d at 517, 519 .
discussed Cited as authority (rule) Dallaly v. State (2×) also: Cited "see, e.g."
Ind. Ct. App. · 2009 · confidence medium
The Court stated: In Johnson v. State, 833 N.E.2d 516, 517 (Ind.Ct.App.2005), a defendant in custody "pushed away with his shoulders while cursing and yelling" while the officer attempted to search him.
cited Cited as authority (rule) Colvin v. State
Ind. Ct. App. · 2009 · confidence medium
In Johnson v. State, 833 N.E.2d 516, 517 (Ind.Ct.App.2005), a defendant in custody "pushed away with his shoulders while cursing and yelling" when the officer attempted to search him.
discussed Cited as authority (rule) Berberena v. State (2×)
Ind. Ct. App. · 2009 · confidence medium
In Johnson v. State, 833 N.E.2d 516, 517 (Ind.Ct.App.2005), a defendant in custody "pushed away with his shoulders while cursing and yelling" when the officer attempted to search him.
cited Cited as authority (rule) Graham v. State
Ind. · 2009 · confidence medium
In Johnson v. State, 833 N.E.2d 516, 517 (Ind.Ct.App.2005), a defendant in custody "pushed away with his shoulders while cursing and yelling" when the officer attempted to search him.
discussed Cited as authority (rule) Graham v. State (2×)
Ind. Ct. App. · 2008 · confidence medium
However, in Johnson v. State, we noted that while discussing political expression, our Supreme Court cited Spangler and provided that “ ‘an individual who directs strength, power or violence towards police officers or who makes a threatening gesture or movement in their direction, may properly be charged with [resisting law enforcement].’ ” 833 N.E.2d 516, 519 (Ind.Ct.App.2005) (quoting Price v. State, 622 N.E.2d 954 , 963 n. 14 (Ind.1993) (emphasis in original)).
discussed Cited as authority (rule) J.S. v. State
Ind. Ct. App. · 2006 · confidence medium
We have previously interpreted Indiana Code § 35-44-3-8 as not requiring the application of an "overly strict definition of "forcibly resist.?" Johnson v. State, 833 N.E.2d 516, 519 (Ind.Ct.App.2005) (affirming a conviction for resisting law enforcement where defendant turned and pushed away from arresting officers and "'stiffened up'" when they attempted to place him into a transport vehicle).
discussed Cited as authority (rule) JS v. State
Ind. Ct. App. · 2006 · confidence medium
We have previously interpreted Indiana Code § 35-44-3-3 as not requiring the application of an "overly strict definition of `forcibly resist.'" Johnson v. State, 833 N.E.2d 516, 519 (Ind.Ct.App.2005) (affirming a conviction for resisting law enforcement where defendant turned and pushed away from arresting officers and "`stiffened up'" when they attempted to place him into a transport vehicle).
cited Cited "see" William H. Denney v. State of Indiana
Ind. Ct. App. · 2023 · signal: see · confidence high
See Johnson, 833 N.E.2d at 518 - 19.
cited Cited "see" Steven C. Peters v. State of Indiana
Ind. Ct. App. · 2014 · signal: see · confidence high
See Johnson v. State, 833 N.E.2d 516, 519 (Ind. Ct. App. 2005); Guthrie v. State, 720 N.E.2d 7, 8 (Ind. Ct. App. 1999), trans. denied.
discussed Cited "see" Fernando Miranda v. State of Indiana
Ind. Ct. App. · 2014 · signal: see · confidence high
See Johnson v. State, 833 N.E.2d 516, 517 (Ind. Ct. App. 2005) (finding forcible resistance where defendant “stiffened up” when officers attempted to put him into a police vehicle); see also Graham v. State, 903 N.E.2d 963, 966 (Ind. 2009) (finding no forcible resistance where defendant refused to comply with officer’s order to present his arms for cuffing but stating, “‘[S]tiffening’ of one’s arms when an officer grabs hold to position them for cuffing would suffice.”).
cited Cited "see" R.C. v. State of Indiana
Ind. Ct. App. · 2014 · signal: see · confidence high
See Graham v. State, 903 N.E.2d 963, 965 (Ind. 2009) (citing Johnson v. State, 833 N.E.2d 516, 517 (Ind. Ct. App. 2005)).
discussed Cited "see" Scott Robertson v. State of Indiana (2×) also: Cited "see, e.g."
Ind. Ct. App. · 2012 · signal: see · confidence high
See Johnson v. State, 833 N.E.2d 516, 517 (Ind. Ct. App. 2005) (holding that there was sufficient evidence of forcible resistance where the defendant used physical means to resist the officers when he turned and pushed away with his shoulders and stiffened up, requiring officers to exert force to place him inside a transport vehicle); see also Guthrie v. State, 720 N.E.2d 7, 9 (Ind. Ct. App. 1999) (explaining that defendant had forcibly resisted law enforcement where the defendant refused to walk, leaned his body back, and stiffened his legs and where the police had to lift and carry him), tra…
discussed Cited "see" Johnson v. State
Ind. Ct. App. · 2010 · signal: see · confidence high
See Graham v. State, 903 N.E.2d 963, 966 (Ind.2009) (citing Johnson v. State, 833 N.E.2d 516 (Ind.Ct.App.2005), with approval and stating that evidence defendant stiffened his arms when officer attempted to place handcuffs on wrists sufficient to satisfy forcible resistance element of resisting law enforcement).
discussed Cited "see" Bowden v. Town of Speedway, Ind.
S.D. Ind. · 2008 · signal: see · confidence high
See Johnson v. State, 833 N.E.2d 516 (Ind.App.2005) (affirming criminal conviction for resisting arrest on direct appeal); Bringle v. State, 745 N.E.2d 821 (Ind.App.2001) (same); Guthrie v. State, 720 N.E.2d 7 (Ind.App.1999) (same).
discussed Cited "see, e.g." Sylvanus Paelay v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · signal: see also · confidence medium
Graham, 903 N.E.2d at 966 ; see also Johnson v. State, 833 N.E.2d 516, 517 (Ind. Ct. App. 2005) (holding that defendant who “stiffened up” as police were attempting to put him in police vehicle, requiring police to physically place him inside it, used forcible resistance).
discussed Cited "see, e.g." Robert Wikle v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · signal: see, e.g. · confidence medium
See, e.g., Johnson v. State, 833 N.E.2d 516, 517 (Ind. Ct. App. 2005) (holding evidence sufficient to support Court of Appeals of Indiana | Memorandum Decision 67A04-1711-CR-2524 | May 1, 2018 Page 5 of 6 resisting law enforcement conviction where defendant pushed away officers “with his shoulders” when officers tried to grab him and then “stiffened up” to resist officers’ attempts to get him inside a police vehicle).
discussed Cited "see, e.g." Corey Gilbert Brown v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · signal: see, e.g. · confidence medium
See, e.g., Johnson v. State, 833 N.E.2d 516, 518 (Ind. Ct. App. 2005) (“turning away and pushing away” sufficient evidence to prove Johnson resisted law enforcement).
discussed Cited "see, e.g." Manuel Ocasio, Jr. v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2016 · signal: see, e.g. · confidence medium
See, e.g., Johnson v. State, 833 N.E.2d 516, 516-17 (Ind. Ct. App. 2005) (holding a defendant who complied with an officer’s order to exit his vehicle and then allowed the officer to handcuff him forcibly resisted by “push[ing] away with his shoulders while cursing and yelling” when the officer attempted to search him and by “stiffen[ing] up” when the officer attempted to place him into a police vehicle). 2 Accordingly, counsel was not ineffective by stipulating to the factual basis, and the post-conviction court properly denied relief on this claim. 2 Ocasio contends any of the fact…
discussed Cited "see, e.g." Craig Hoog v. State of Indiana
Ind. Ct. App. · 2014 · signal: compare · confidence medium
Compare Colvin v. State, 916 N.E.2d 306, 309 (Ind. Ct. App. 2009) (defendant did not act forcibly where he refused an order to remove his hands from his pockets and had to be taken physically to the ground by an officer), trans. denied, and A.C. v. State, 929 N.E.2d 907, 911-12 (Ind. Ct. App. 2010) (juvenile did not act forcibly when he refused to stand when asked and leaned away from an officer) with Johnson v. State, 833 N.E.2d 516, 518-19 (Ind. Ct. App. 2005) (defendant used forcible resistance where he turned and pushed away from officers as they attempted to search him and stiffened up as…
Retrieving the full opinion text from the archive…
Jason JOHNSON, Appellant-Defendant,
v.
STATE of Indiana, Appellee
49A02-0410-CR-847.
Indiana Court of Appeals.
Aug 31, 2005.
833 N.E.2d 516
Joseph F. Thoms, Thoms & Thoms, Indianapolis, for Appellant., Steve Carter, Attorney General of Indiana, George P. Sherman, Deputy Attorney General, Indianapolis, for Appellee.
Sullivan, Najam, Riley.
Cited by 55 opinions  |  Published

OPINION

SULLIVAN, Judge.

Jason Johnson appeals from his convietion for Resisting Law Enforcement, a Class A misdemeanor. [1] He presents one issue for our review, whether the evidence is sufficient to support the conviction.

We affirm.

The facts as elicited at the trial reveal that on May 29, 2004, Indianapolis Police Officer Jeffrey Viewegh was driving his cruiser southbound on Pershing Avenue when he came upon a line of stopped cars, some of which were honking their horns. Officer Viewegh pulled around the cars and saw that Johnson's car was parked in the road, blocking the southbound lanes of traffic. While parked alongside Johnson's car, Officer Viewegh twice asked Johnson to move his vehicle into a parking spot on the side of the street. After Johnson refused, Officer Viewegh activated the lights on his cruiser, exited the vehicle, and approached Johnson's driver side door. He twice more asked Johnson to move. Johnson refused but stated that he was waiting[*517] on his mother. Officer Viewegh asked Johnson to step out of the car, which he did. Johnson was then placed in handcuffs. As he was being walked to the curb, Johnson began to scream and yell at Officer Viewegh. Johnson was placed under arrest, and a transport vehicle was called.

While waiting for the transport vehicle, Johnson requested that he be taken to the hospital by an ambulance because he was bitten by a mosquito. He was told that he would be taken to the hospital by the transport vehicle and that an ambulance would not be called. Indianapolis Public Safety Officer Robert Stockton arrived to transport Johnson. When Officer Stockton attempted to search Johnson, he turned away and pushed away with his shoulders while cursing and yelling. After Johnson was searched, he refused to get into the transport vehicle. Officers Vi-ewegh and Stockton then grabbed him to place him into the vehicle. At that time, he "stiffened up" and the officers had to physically place him inside. Transcript at 17.

In reviewing a challenge to the sufficiency of the evidence, we will not reweigh the evidence or judge the eredibility of the witnesses. Kien v. State, 782 N.E.2d 398, 407 (Ind.Ct.App.2003), trams. denied. We consider only the evidence which supports the conviction and any reasonable inferences which the trier of fact may have drawn from the evidence. Id. We will affirm the conviction if there is substantial evidence of probative value from which a reasonable trier of fact could have drawn the conclusion that beyond a reasonable doubt the defendant was guilty of the crime charged. Id.

Indiana Code § 85-44-3-3(a) states, "A person who knowingly or intentionally: (1) forcibly resists, obstructs, or interferes with a law enforcement officer or a person assisting the officer while the officer is lawfully engaged in the execution of his duties as an officer ... commits resisting law enforcement, a Class A misdemeanor." Our Supreme Court has interpreted this statute to require that the foree element applies to resisting, obstructing, or interfering with a law enforcement officer. Spangler v. State, 607 N.E.2d 720, 723 (Ind.1993). The Court then held that "one 'foreibly resists law enforcement when strong, powerful, violent means are used to evade a law enforcement official's rightful exercise of his or her duties." Id.

The facts in that case established that the Decatur County Sheriffs Department was attempting to serve a protective order against Spangler by contacting him at his home. When that failed, a deputy called Spangler's place of employment and talked to Spangler on the phone. Spangler told the deputy not to call him at work and hung up. The deputy then took the court order to Spangler's place of employment and spoke to him. Spangler refused to accept the papers and told the deputy not to bother him at work. As Spangler walked away, he was ordered to return by the deputy. Spangler did not comply but once again said he would not be served at work. After Spangler walked to the back of the building, the deputy had another employee tell Spangler to return to the counter where the deputy waited. Span-gler complied but refused service of the papers. As Spangler walked away, he was warned to not walk away. He then told the deputy to arrest him or let him work. Spangler was arrested for disorderly conduct and the charge of resisting law enforcement was later added.

In analyzing the facts of the case, the Court concluded that the record did not disclose any evidence from which a reasonable trier of fact could determine that[*518] Spangler acted forcibly, at least with respect to how the Court defined it. Id. at 724. Spangler did not direct any strength, power, or violence toward the police officer. Id. He did not make any movement or threatening gesture in the direction of the officer. Id. Rather, he just repeatedly and firmly refused to accept service of process and walked away. Id. Thus, there was no evidence by which it could be concluded that Spangler's actions were foreible. Id. at 724-25.

This court, in applying that definition of "forcibly" in Ajabu v. State, 704 N.E.2d 494, 495-96 (Ind.Ct.App.1998), concluded that an individual did not forcibly resist when he attempted to prevent a police officer from taking a flag from him by "twisting and turning 'a little bit'" However, in Wellman v. State, 703 N.E.2d 1061, 1064 (Ind.Ct.App.1998), this court concluded that an individual forcibly resisted the actions of a law enforcement officer by placing his hands against a door frame to hold himself inside his house after he was told he was under arrest. Because of Wellman's actions, an officer had to push him through the door and then lift him from the ground when he refused to get up and walk.

In Guthrie v. State, 720 N.E.2d 7 (Ind.Ct.App.1999), trams. denied, this court was again called upon to determine whether an individual resisted a law enforcement officer for purpose of conviction under I.C. § 35-44-8-B(a)(1). The facts reveal that Park Ranger Robert Turner was dispatched to an area of Broad Ripple Park to investigate a person vending without a license. Park Ranger Turner found Guthrie sitting on a blanket with several items for sale. Upon determining that Guthrie did not have a vending permit, he was ordered to stop vending but was told he was free to remain in the park. Guthrie packed his wares but asked to see the ordinance prohibiting his actions. Park Ranger Turner's supervisor was summoned and brought a copy of the ordinance. After some discussion, Park Ranger Turner's supervisor requested that he issue a citation to Guthrie. Park Ranger Turner asked Guthrie his name, but he refused to provide it three times, upon which Guthrie was arrested and transported to the Marion County lockup.

Upon arrival at the lockup, Guthrie was asked to step out of the vehicle, but refused, asserting that his arrest was illegal. Two officers then physically removed Guthrie from the vehicle and placed him on the ground. They requested that Guthrie stand, but he refused. Guthrie was lifted to his feet but refused to walk. He then leaned back and kept his legs straight, requiring the officers to carry him to the receiving area.

After examining I.C. § 35-44-3-8 and Spangler, the Guthrie court differentiated Guthrie's actions from those of the defendant in Spangler by concluding that "Guthrie did more than passively resist." 720 N.E.2d at 9. The court summed up the events in Guthrie by noting that the officers had to physically remove Guthrie from a transport vehicle, lift him to his feet, and carry him after he leaned back and stiffened his legs. Essentially, Guthrie did not turn and just walk away as the defendant had in Spangler, which was passive resistance. Instead, he applied some "force" such that the officers had to exert force to counteract Guthrie's acts in resistance.

There is little difference between the actions of Guthrie and those of Johnson in this case. Johnson used physical means to resist the officers by turning away and pushing away with his shoulders as they attempted to search him. But see Ajabu, 704 N.E.2d at 495-96. More importantly, after refusing to get into the transport[*519] vehicle, he "stiffened up," requiring that the officers exert force to place him inside the transport vehicle.

We recognize that our decision, and even that in Guthrie upon which we have relied, may have moderated the definition of "forcibly resist" as it was written in Spangler. Indeed, Johnson claims, and it is apparently true, that he did not threaten the officers, lunge at them, or act "violently" toward them. Clearly our jurisprudence has not read "violent" to mean that which is thought of in common parlance. Were that definition to be applied, only those individuals who commit acts such as striking, kicking, or biting police officers could be guilty of resisting law enforcement. However, we have not found any case in which our Supreme Court has addressed with detail the definition it crafted in Spangler. That being said, our Supreme Court has made one statement which could be interpreted to alter the definition as it appeared to have been written in Span-gler.

In Price v. State, 622 N.E.2d 954 (Ind.1993), the Court mentioned Indiana Code § 35-44-3-3 when discussing political expression and noted that an individual could be charged with a violation of that statute if the person's behavior was construed to be resisting, obstructing, or interfering with a law enforcement officer. The Court specifically stated, "Moreover, an individual who directs strength, power or violence towards police officers or who makes a threatening gesture or movement in their direction, may properly be charged with violation of Ind.Code Ann. § 35-44-3-8." Id. at 968 n. 14 (emphasis supplied). Whether the Court intended this statement to indicate that Spangler actually meant that an individual could be guilty of resisting law enforcement without the State having to prove that the individual's actions are violent is unclear. But until we are instructed otherwise by our Supreme Court, we see no reason to apply what appears to be an overly strict definition of "forcibly resist" when the facts in Spangler established that an individual did no more than passively resist by walking away, facts that hardly necessitated defining "force" to include strong, powerful, and violent means.

The judgment is affirmed.

NAJAM, J., and RILEY, J., concur.
1

. Ind.Code § 35-44-3-3 (Burns Code Ed. Repl.2004).