State v. Ruff
State v. Ruff
Opinion of the Court
GENOVESE, J., would grant for the reasons assigned by Johnson, F. J.
JOHNSON, C.J., would grant defendant's writ application and assigns reasons.
The defendant, David Ruff, was shopping at a local hardware store with his family when he was approached by Deputy Travis Depew in the parking lot. Deputy Depew asked the defendant to identify himself because he was investigating possible criminal activity. The defendant gave Deputy Depew his identification but the officer insisted that Ruff step over to his police car so that he could run his name in the database. At that point the defendant became agitated and angry, which Deputy Depew interpreted as threatening, and he wrestled the defendant to the ground and handcuffed him.
An arrest requires probable cause, while an investigatory stop requires only the lesser standard of reasonable suspicion enunciated in Terry v. Ohio ,
Deputy Depew's own testimony establishes that he did not suspect defendant of any crime; in fact, the person suspected of the criminal activity was named Travis Johnson.
Once Deputy Depew approached the defendant and the defendant cooperated with the deputy's request and provided identification, which confirmed his identity as David Ruff, the investigation should have *491halted. This defendant was protecting and exercising his right to resist the unlawful arrest.
The law on this issue is long standing. "An individual in Louisiana has a time-honored right to resist an illegal arrest." State v. Fairman , 15-67, p.7 (La. App. 5 Cir. 9/23/15),
For these reasons, I would grant the writ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.