Pedestrian obstructing a traffic stop

[DRock24]

Consider the following: You observe a vehicle run a stop sign. As you turn your red and blues on to pull the vehicle over, she immediately turns into a driveway. Before you have an opportunity to call in the traffic stop to dispatch, a male exits the residence and begins approaching the vehicle that you have pulled over. You advise the male to stop and go back inside the residence...the male does not comply. Instead, the male continues walking toward the car with his hands in his pocket and a smerky grin on his face. Again...you advise the male to go back inside the residence. The male again fails to comply and states, "This woman is my daughter (who is over 18)... I am a court magistrate and I am also her attorney."

A couple questions...does this male have the right to interfere with a traffic stop in that manner??? i.e. not really doing anything to obstruct, but failing to comply like he did?

Is the male legally permitted to stand by in reference to him being the drivers attorney as well as the stopped vehicle being on his property???

[LA DEP]

Nope to all of your questions.....

and he has about a second to get his hands out of his pockets, and back off or be OCed, handcuffed, and arrested for Obstruct/Delay/Resist a Peace Officer......

[PhilipCal]

Nope to all of your questions.....

and he has about a second to get his hands out of his pockets, and back off or be OCed, handcuffed, and arrested for Obstruct/Delay/Resist a Peace Officer......

X-2!!

[jsc0288]

Interfering with an investigation for sure straight to jail.

[NYCTNT]

Obstructing Governmental Administration.

If he is simply standing by and not doing anything, I dont care. If he is preventing me from issuing a summons and makes threatning gestures.. he will be kissing grass.

[Dinosaur32]

None of the male's pronouncements give him any standing to interfere with your performance of your duties. As NYCTNT stated he's a collar for OGA and would be looking for his own attorney.

[DRock24]

That is what I told him. After I told him I would take him to jail if he refused to comply one more time, he complied...and went back inside his residence. I was fairly certain he didnt have any right being there but I wanted to make sure. Turns out, several other officers on our department have had the same problem with this individual when the officer stops someone he is related to, or knows personally. He better hope he doesn't do it again...That's all I have to say.

[DRock24]

ok...lets say his daughter was a juvenile...would he then have any right being present on a traffic stop that he wasn't involved with? I am assuming he still doesn't have rights?

[jsc0288]

First of all he's hindering an investigation. Your not able to get the drivers info, or safely approuch the vehicle due to him being there refusing to #1 remove his hands from his pockets and #2 get away from the vehicle. And even if he is her attorney she can use him in court to fight the ticket. No one gets an attoney on a traffic stop. The violation and stop is undisputable until you get to court. It is his property so if he wanted to watch the stop from the front yard go a head, but no standing by the vehicle while doing business. If she was a juvenile then it would be a different story. Here in CT that would be under 16.

[NYCTNT]

In the land of NYC, a 16 year old is no longer a juvenile in the courts eyes.

Therefor, if the youngin is 16 or over and mommy/daddy kept interfering and preventing me from performing my duties against youngin.. they can end up in jail for the same charge I put up before.

So in other words.. a 15 year old is not driving a car, nor is a 16yr old without a drivers permit or a passenger without a valid DL.

[CruiserClass]

"Refusal to aid an officer" in Indiana. Off to jail you go.

[irishdep]

Jb5722, I agree with 100%. He came out, he stays out where I can see him for the duration of the stop. He interferes he goes to jail, if he shuts his yap and doesn't interfere he can go back to watching his Crystal Gunns videos.;)

My brother, who's also leo had a similar scenario about 2 weeks ago. He spun around on a car for speeding and the driver bolted. The chase was on for about 3-4 miles until she made it home, where the female driver thought she would be safe, WRONG! My brother orders her out of the car and next thing you know here come her husband and son out of the house running there redneck wanna be lawyer cake holes. A few more patrol units later and the Taser displayed she goes to jail and the other 2 are allowed off the ground long enough to see her hauled off the pokey.:D

[SgtCHP]

http://bp0.blogger.com/_kDoyvibiZag/Rk0KsJfl5GI/AAAAAAAAAw4/s8PfAJ3qc-w/s320/go_to_jail.jpg

[Smurfette_76]

It wouldn't matter to me if he was her religious advisor, he will not interfere with my traffic stop or he'll go to jail.

[chiefcop]

In Wyoming the key words here woul be knowingly obstructs, impedes or interferes with
Just for reference
§ 6-5-204. Interference with peace officer; disarming peace officer; penalties.

(a) A person commits a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, if he knowingly obstructs, impedes or interferes with or resists arrest by a peace officer while engaged in the lawful performance of his official duties.

(b) A person who intentionally and knowingly causes or attempts to cause bodily injury to a peace officer engaged in the lawful performance of his official duties is guilty of a felony punishable by imprisonment for not more than ten (10) years.

(c) A person who intentionally and knowingly disarms a peace officer of his firearm while that peace officer is engaged in the lawful performance of his official duties is guilty of a felony punishable by imprisonment for not more than five (5) years.

(d) For the purposes of this section only, “peace officer” means as defined in W.S. 6-1-104(a)(vi) and also includes any person employed by the state department of corrections on a full-time basis as a probation and parole agent or supervisor to assess, supervise, monitor, track, visit or control persons who are released from incarceration under conditions of parole or who are sentenced under conditions of probation.

[CUFFS137]

No one has the right to have an attorney present during a traffic stop. It is not a custodial arrest. Nor does a lawyer have any right to approach the scene of a traffic stop. If he is a lawyer, he should know that. He'd would have sounded smarter if he had just played the concerned parent.

A traffic stop, reguardless of where it occurs, is the officer's 'scene'. The officer is responsible for the safety, and control of all persons in that scene, as well as their own. In plain english...Dad leaves the scene, or get 'controlled'. I 'control' and ensure the well being of people like that by pacing them into handcuffs, and then into the rear of my car. They may be charged, they may not, but my stop will be conducted thoroughly, and safely.

[Chopshopcop]

If he's an attorney and a court magistrate, then follow up on that. File a complaint of misconduct each and every time with the Board of Professional Responsibility and with the local Bar Association. Hold a press conference and issue a press release citing his history of interference and the fact that as a court officer, he is interfering with other court officers in the lawful performance of their duties, obstructing justice and causing unnecessary officer safety issues. If you have in-car video, play it publicly. If he's appointed as a magistrate, he will soon become an embarrassment to someone, if he's elected, the voters can handle it.

[LPD003]

In Wyoming the key words here woul be knowingly obstructs, impedes or interferes with
Just for reference
§ 6-5-204. Interference with peace officer; disarming peace officer; penalties.

(a) A person commits a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, if he knowingly obstructs, impedes or interferes with or resists arrest by a peace officer while engaged in the lawful performance of his official duties.

(b) A person who intentionally and knowingly causes or attempts to cause bodily injury to a peace officer engaged in the lawful performance of his official duties is guilty of a felony punishable by imprisonment for not more than ten (10) years.

(c) A person who intentionally and knowingly disarms a peace officer of his firearm while that peace officer is engaged in the lawful performance of his official duties is guilty of a felony punishable by imprisonment for not more than five (5) years.

(d) For the purposes of this section only, “peace officer” means as defined in W.S. 6-1-104(a)(vi) and also includes any person employed by the state department of corrections on a full-time basis as a probation and parole agent or supervisor to assess, supervise, monitor, track, visit or control persons who are released from incarceration under conditions of parole or who are sentenced under conditions of probation.


Chiefcop, this is way off subject, but do they have to actually disarm a peace officer in WY or is there anywhere that is says attempts to disarm in your satute?

[Nightshift va]

Nothing like somebody making your job harder. Tell him to get his hands out of his pockets then when he fails to comply start yelling as loud as you can "Sir, please do not pull that gun out of your pocket" then when he opens his mouth to say "huh" put one center mass between his eyes then handcuff his corpse and put up crime scene tape. Then go back to your original traffic violator and issue your traffic summons and tell her thank you have a nice day. Then call for a supervisor. I ofcourse am joking about all of this but I can't believe the nerve of some people who think we are out here playing some kind of game with them.

[L223]

This nonsense happens all the time where I work, usually when a vehicle is being searched and some one is going to get locked up. When they pull up I tell them to roll, if they dont its "You just joined the party, have a seat on the curb."

[Long Gun]

Here is why we don't put up with interference during a stop that made it to the person's house:

http://www.odmp.org/officer/674-officer-richard-alan-maxwell

That one gave me chills at the time and I still think about it. I hate it when attorneys try to bully us. Not that the father in the link was an attorney, but just an example of why it does not matter who it is. We have to be in control to go home at the end of shift. Officer safety trumps "rights."

[NYCTNT]

Senseless murder.

[Fuzz]

You do not have the RIGHT to have an attorney present during a traffic stop. Your attorney does not have the RIGHT to not comply with orders from a police officer. He either leaves the area or gets arrested and can call his own attorney. A JUVENILE with a license does not have the RIGHT to have mommy, daddy, or attorney come to the scene.....they are old enough to drive they are old enough to sign a ticket.


Now sometimes I have found it helpfull to have a mom,dad or relative come to the scene, but that was MY choice and MY call.....not theirs.

[usmcrob]

I had a similar case, except it was a complete stranger. I was about to start the field sobriety tests on a younger female driver on the sidewalk. Out of nowhere a lady comes up and stands right next to me. I ask her if I can help her and she said that she is going to observe everything to make sure it was done legally. She then states that the male that she was with is an "officer of the court". I told her to leave and that if the male was really an "officer of the court" then he should know better than to allow her to interfere with an officer's job. She then spouts off that she has a right to be there, and I tell her that she does not, that I am the one in charge of the scene and if she refuses to leave she will be arrested for interfering and failure to obey the lawful order of a police officer. She left.

[DaFuzz43]

1. stopping someone on "their" property always raises flags, because you never know who is going to come out... Hate doing it... specially on an OVI,
2. Ditto everyone else, obstruction of Justice

[wirefire2]

Consider the following: You observe a vehicle run a stop sign. As you turn your red and blues on to pull the vehicle over, she immediately turns into a driveway. Before you have an opportunity to call in the traffic stop to dispatch, a male exits the residence and begins approaching the vehicle that you have pulled over. You advise the male to stop and go back inside the residence...the male does not comply. Instead, the male continues walking toward the car with his hands in his pocket and a smerky grin on his face. Again...you advise the male to go back inside the residence. The male again fails to comply and states, "This woman is my daughter (who is over 18)... I am a court magistrate and I am also her attorney."

A couple questions...does this male have the right to interfere with a traffic stop in that manner??? i.e. not really doing anything to obstruct, but failing to comply like he did?

Is the male legally permitted to stand by in reference to him being the drivers attorney as well as the stopped vehicle being on his property???

Just because he claims to be a judge and a lawyer doesn't mean he gets to whatever he wants. I think that was in the constitution somewhere....

[marcusindc]

He'd get cited in a heartbeat. To many officers get hurt or killed in traffic stops, and this deucebag isn't going to interfere on a t-stop and turn my attention from where it needs to be.

[DRock24]

Haha! You guys will not believe this but I just had this happen to me again today, on Christmas, WITH THE SAME GUY!!!!!! Pulled his son over for expired plates...7 minutes into the stop, here he comes again ranting and raving! What nerve! So yeh, I didnt arrest him...prolly would have if it wasn't Christmas Day, but I was able to explain to him with confidence that he had no legal right being a part of the traffic stop. I advised him if this happens again he will be arrested. I know...I know, should have prolly arrested him anyway but, oh well.

[seacop1182]

therein lies the beauty of the obstruction ordinance;)

[redbird07]

You do not have the RIGHT to have an attorney present during a traffic stop. Your attorney does not have the RIGHT to not comply with orders from a police officer. He either leaves the area or gets arrested and can call his own attorney. A JUVENILE with a license does not have the RIGHT to have mommy, daddy, or attorney come to the scene.....they are old enough to drive they are old enough to sign a ticket.


Now sometimes I have found it helpfull to have a mom,dad or relative come to the scene, but that was MY choice and MY call.....not theirs.

X's2

[redbird07]

I had a similar case, except it was a complete stranger. I was about to start the field sobriety tests on a younger female driver on the sidewalk. Out of nowhere a lady comes up and stands right next to me. I ask her if I can help her and she said that she is going to observe everything to make sure it was done legally. She then states that the male that she was with is an "officer of the court". I told her to leave and that if the male was really an "officer of the court" then he should know better than to allow her to interfere with an officer's job. She then spouts off that she has a right to be there, and I tell her that she does not, that I am the one in charge of the scene and if she refuses to leave she will be arrested for interfering and failure to obey the lawful order of a police officer. She left.

Awesome. It always amazes me how many people think that if there isnt a witness to whatever, that the officers are going to somehow do something illegal or immoral.

[2wheeldep]

My favorite, scene of a traffic collision involving a MTA bus and four POV's. An attorney driving by stops and starts handing out business cards to the drivers of the POV's. Deputy orders him out of the intersection and stay on the sidewalk. Attorney backs off, Dep goes back to his investigation. Next thing the Dep knows same attorney is back in the intersection trying to make contact with another driver involved. Dep contacts attorney, arguement insues, attorney goes to jail for 148 pc, resist or delay PO from his duties lol. I was told by a second party that the LA city attorney's office filed the case, attorney took a plea deal and Ca BAR suspended him for a short time lol.

[mdrdep]

"Sir you can't represent this lady, sheis going to be a witness in a case against you. That would be a conflict of interest"

"What case would that be officer"

"The one where you get arrested for obstruction".