Legal Question in Criminal Law in Mississippi
interfering with police
An officer came to my house wanting to talk to my husband about his sister. The officer started by saying she had been in the er, and i asked what was wrong. The officers response was for me to get my a** up on the porch, and I said that nobody should be able to tell me what to do in my own yard. The officer then said that if I open my mouth again I would be placed under arrest, and I said for what. Then the officer threw me on the hood of my car and arrested. When I got to the jail they said the charges were disorderly conduct and interfering with the police. So my questions are was I within my rights to say what I did, what is interfering with the police (b/c I can find nothing about it), and what do I need to do because, I fell that these are unreasonable charges?
1 Answer from Attorneys
Re: interfering with police
IT IS ALMOST IMPOSSIBLE TO INTERFERE WITH POLICE ACTIONS BY MERELY ASKING ONE REASONABLE QUESTION. YOU WERE WELL WITHIN YOUR RIGHTS OF FREEDOM OF SPEECH. HE HAD NO AUTHORITY TO BE ON YOUR PROPERTY WITHOUT A WARRANT. IN ORDER TO BE LIABLE FOR INTERFERING WITH THE POLICE OFFICER IN THE COURSE OF HIS DUTIES YOU HAVE TO IMPEDE HIS ABILITY TO DO SOME TASK WHICH IS NEEDED IN THE REASONABLE PERFORMANCE OF HIS JOB.
I AGREE THAT IT APPEARS FROM WHAT YOU HAVE WRITTEN, (IF YOU PROVIDED THE FULL DETAILS FOR THE CONFRONTATION) THAT THE CHARGE IS UNREASONABLE. "DISORDERLY CONDUCT" AND "INTERFERING WITH THE DUTIES OF A POLICE OFFICER" REFER TO A SINGLE CHARGE. IT IS "DISORDERLY" BECAUSE OF INTERFERENCE WITH THE DUTIES OF THE POLICE OFFICER. HOWEVER, IT HAS TO BE A LAWFUL DUTY OF THE OFFICER AND IT SEEMS THE INQUIRY ABOUT WHY THE SISTER WAS IN THE "ER" IS A REASONABLE RESPONSE TO THE NEWS THAT SHE WAS THERE.
I SUGGEST YOU IMMEDIATELY CONSULT COMPETENT COUNSEL. YOU MAY WANT TO FIND OUT JUST HOW MANY OTHER TIMES THIS SAME OFFICER HAS ACCUSED OTHERS OF THE "INTERFERING WITH POLICE OFFICER" OFFENSE AND UPON INVESTIGATING THIS SITUATION YOU MAY DISCOVER THIS POLICE OFFICER IS NARCISSITIC AND YOU MAY DISCOVER THAT HE VERY QUICKLY ACCUSES PEOPLE OF INTERFERING ALBEIT THERE WAS NO INTERFERING. THIS SEEMS AS IF THE OFFICER IS ON A POWER STRUGGLE AND HE LIKES TO MISUSE HIS LEGAL AUTHORITY TO FILE FALSE CHARGES ON POOR UNSUSPECTING CITIZENS.
HIRE AN ATTORNEY IMMEDIATELY AFTER YOU GET A COPY OF ALL OF THE PAPERS FROM THE COURT RELEVANT TO PAST CHARGES OF THIS NATURE FILED BY THE SAME OFFICER.
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