03-06-2001, 07:18 PM #1GlockarmorerGuest
Interfering With a Law Enforcement Officer....
Ok ladies and gents, I need some help here.
A couple of years ago, I decided to try to get our county council to pass a county ordinance making it a misdemeanor to interfere with or hinder a LEO in the performance of his/her duties. I found several state and local ordinances from around the country to model ours after. Unfortunately, one thing led to another and I never got around to presenting my idea to the council. I subsequently ended up losing all of my research!!
Believe it or not, we have no state law prohibiting this unless it is 1)An officer serving process, 2)An officer conducting an inspection of an alcohol licensed establishment or 3)An officer enforcing a statute of the civil rights code.
What I'm looking for are some examples of state, county, or municipal codes that deal with this topic.
Some of the scenarios I envision are this...
1) You make a traffic stop and while attempting to conduct the stop, a bystander(or a group of bystanders) begins to give you a bunch of lip about civil rights etc etc. His presence and interference get to the point where you are unable to concentrate on the driver and it becomes an officer safety issue.
2) You respond to a domestic. When you finally get both parties calmed down enough to talk, the wife's sister shows up. She just happens to live in the trailer next door and she insists that she needs to come inside and check on her sis. She also demands to know why her good for nothing brother-in-law is not under arrest because he beats her sister all the time, and he's a drunk, and he never paid back the 20 dollars she lent him and blah blah blah. In short, her presence and conduct are hindering your domestic violence investigation.
What I'm looking for are links to specific statutes/laws/ordinances or verbatim wording along with section number. I'm not looking for disorderly conduct statutes, as we already have this. While handy in some cases, it does not fit the need I have.
Back in 1995 I participated in research and presentation to the council which resulted in the passage of two ordinances, Fleeing to Evade Arrest or Detention (no state law on the books) and Loitering for The Purpose of Engaging in Illicit Narcotics Activity (not frequently used, but handy from time to time).
Now its time for a new one. Thanks in advance for all of your responses.
No cops, know anarchy.
"He aint finna come all up in my house and act a fool and be gettin away with it cause I will go smooth off." -Movista
03-06-2001, 07:44 PM #2CustomsCopGuest
Michigan Penal Code still lists this as a Misdemeanor offense, I think. Federal statute has both Misd and Fel charges, I believe.
Fact is a function of evidence; Truth is a matter of perspective.
03-06-2001, 08:37 PM #3Mack811Guest
GA, here is the Texas Penal code section that most closely applies. Note that actions consisting of speech only present a defense to prosecution.
03-06-2001, 09:30 PM #4ME AGAINGuestOriginally posted by CustomsCop:
Federal statute has both Misd and Fel charges.
03-06-2001, 10:10 PM #5SlateGuest
I can't belive that your State/County dosen't have a law against this. California penal code section 148(a) lays it great.
Resisting, delaying or obstructing officer or emergency medical tech.....Every person who willfully resists, DELAYS, or obstructs ANY public officer, peace officer or an emergency technician, in the discharge or attempt to discharge any duty of his/her office or employment is guilty of a misdemeanor.
It continues on into other sections pertaining to fighting with Police Officers or attempting to take the officers gun. You can find it in, California Codes under the penal code section and go to 148pc.
That section works so well in scenarios that you spoke of. It's a tool that personally believe is one of the best in our bag of trick. Good luck.
03-06-2001, 10:12 PM #6UnderdogGuest
California has several statutes that may be applicable. I have given you sections 69 and 148 of the California Penal Code. Although I have included the text here, it may be more convenient for you to access the sections at www.findlaw.com. When reading the sections, you should be aware that California case law has held that peace officers are executive officers.
69. Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer, in the performance of his duty, is punishable by a fine not exceeding ten thousand dollars($10,000), or by imprisonment in the state prison, or in a county jail not exceeding one year, or by both such fine and imprisonment.
148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797)of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. (2) Except as provided by subdivision (d) of Section 653t, every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (b) Every person who, during the commission of any offense described in subdivision (a), removes or takes any weapon, other than a firearm, from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment in a county jail not to exceed one year or in the state prison. (c) Every person who, during the commission of any offense described in subdivision (a), removes or takes a firearm from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment in the state prison. (d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person who removes or takes without intent to permanently deprive, or who attempts to remove or take a firearm from the person of, or immediate presence of, a public officer or peace officer, while the officer is engaged in the performance of his or her lawful duties, shall be punished by imprisonment in a county jail not to exceed one year or in the state prison. In order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred: (1) The officer's holster strap was unfastened by the defendant. (2) The firearm was partially removed from the officer's holster by the defendant. (3) The firearm safety was released by the defendant. (4) An independent witness corroborates that the defendant stated that he or she intended to remove the firearm and the defendant actually touched the firearm. (5) An independent witness corroborates that the defendant actually had his or her hand on the firearm and tried to take the firearm away from the officer who was holding it. (6) The defendant's fingerprint was found on the firearm or holster. (7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm. (8) In the course of any struggle, the officer's firearm fell and the defendant attempted to pick it up. (e) A person shall not be convicted of a violation of subdivision(a) in addition to a conviction of a violation of subdivision (b),(c), or (d) when the resistance, delay, or obstruction, and the removal or taking of the weapon or firearm or attempt thereof, was committed against the same public officer, peace officer, or emergency medical technician. A person may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency medical technician are victims. (f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act.
03-07-2001, 02:19 AM #7SandyGuest
Criminal Code of Canada
PART IV OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE
129 Offences relating to public or peace officer
129. Every one who (a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer, (b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or (c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, is guilty of (d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or (e) an offence punishable on summary conviction. R.S., c. C-34, s. 118; 1972, c. 13, s. 7.
Other sections under this Part deal with providing false or misleading information to police officers, in judicial proceedings, etc.
I know you can't cite Canadian law in the U.S., but maybe the wording, simple as it is, may be of some value to you.
03-07-2001, 07:16 AM #8RayGuest
Below is the NC General Statute for resist, delay and obstruct
03-07-2001, 09:05 AM #9cajuncopGuest
The following is based on Louisiana Law and is listed as a misdemeanor:
LA R.S. 14:108
Resisting an Officer
A. Resisting an officer is the intentional interference with, opposition or resistance to or obstruction of an individual acting in his official capacity and authorized by law to make a lawful arrest or seizure of property or to serve any lawful process or court order when the offender knows or has reason to know that the person arresting, seizing property, or serving process is acting in his official capacity.
C. Whoever commits the crime of resisting an officer shall be fined not more than five hundred dollars or be imprisoned for not more than six months or both.
The next one is based on an ordinance from the City of Alexandria, LA:
15-118 Interferring with an Officer
Resisting an Officer is the intentional opposition, or resistance to, or obstruction of, an individual acting in his official capacity.
Without the support of our fellow officers, sometimes we have no support at all.
03-07-2001, 07:42 PM #10GlockarmorerGuest
I really appreciate all of the responses so far.
If there are any more out there I'd love to see them
I'm especially interested in local county/city ordinances but I'm also interested in the various state laws as well.
03-07-2001, 07:53 PM #11Dave TGuest
[This message has been edited by Dave T (edited 03-07-2001).]
03-08-2001, 08:50 AM #12sergeant_*11Guest
In Indiana it falls under Resisting Law Enforcement IC35-44-3-3
(a) 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.
The statute goes on but the relates more to active resistance or fleeing.
BTW: In Indiana this would be a Class A misdemeanor, and it should be applicable in any of your given scenarios.
03-08-2001, 01:10 PM #13SandyGuest
ARIZONA REVISED STATUTES, Title 13 - Criminal Code
Chapter 24 - Obstruction of Public Administration
13-2401 - Peace officer personal information on the world wide web; exception; classification; definitions.
13-2402. Obstructing governmental operations; classification
A. A person commits obstructing governmental operations if, by using or threatening to use violence or physical force, such person knowingly obstructs, impairs or hinders:
1. The performance of a governmental function by a public servant acting under color of his official authority; or
2. The enforcement of the penal law or the preservation of the peace by a peace officer acting under color of his official authority.
B. This section does not apply to the obstruction, impairment or hindrance of the making of an arrest.
C. Obstructing governmental operations is a class 1 misdemeanor.
13-2403. Refusing to aid a peace officer; classification
A. A person commits refusing to aid a peace officer if, upon a reasonable command by a person reasonably known to be a peace officer, such person knowingly refuses or fails to aid such peace officer in:
1. Effectuating or securing an arrest; or
2. Preventing the commission by another of any offense.
B. A person who complies with this section by aiding a peace officer shall not be held liable to any person for damages resulting therefrom, provided such person acted reasonably under the circumstances known to him at the time.
C. Refusing to aid a peace officer is a class 1 misdemeanor.
13-2404 - Refusing to assist in fire control; classification
13-2405 - Compounding; classification
13-2406 - Impersonating a public servant; classification
13-2407 - Tampering with a public record; classification
13-2408 - Securing the proceeds of an offense; classification
13-2409. Obstructing criminal investigations or prosecutions; classification
A person who knowingly attempts by means of bribery, misrepresentation, intimidation or force or threats of force to obstruct, delay or prevent the communication of information or testimony relating to a violation of any criminal statute to a peace officer, magistrate, prosecutor or grand jury or who knowingly injures another in his person or property on account of the giving by the latter or by any other person of any such information or testimony to a peace officer, magistrate, prosecutor or grand jury is guilty of a class 5 felony.
13-2410. Obstructing officer from collecting public money; classification
A person who knowingly obstructs or hinders a public officer from collecting revenue, taxes or other money in which this state or a county, city or town has an interest and that the officer is authorized to collect by law is guilty of a class 2 misdemeanor.
03-12-2001, 12:52 PM #14BonkGuest
Never miss a chance to help out my bro' G.A.
Article 6 of the COV covers "Interference with Administration of Justice", under 18.2-460 through -472.1COV.
Of primary interest:
18.2-460 Obstructing justice.
"A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness or any law enforcement officer in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, or law enforcement officer, he shall be guilty of a class 2 misdemeanor.
B. If any person, by threats, or by force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, or any law enforcement officer, lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, he shall be deemed guilty of a Class 1 misdemeanor."
18.2-463 Refusal to aid officer in execution of his office.
"If any person on being required by any sheriff or other officeer refuse or neglect to assist him: (1)in the execution of his office in a criminal case, (2)in the preservation of the peace, (3)in the apprehending or securing of any person for a breach of the peace, or (4) in any case of escape or rescue, he shall be guilty of a Class 2 misdemeanor."
Of course, if a perp actively swings at me he's getting charged with assaulting a PO. In terms of bystanders being a PITA, remember the old standby charges of disorderly conduct and drunk in public if none of the specific charges seem to fit.
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