Legal Question in Criminal Law in Montana

Obstruction of Justice

IF the police officer doesn't announce himself and I walked away from him as he was telling me to"come here, were are you going", can i recieve a ticket for obstruction of justice?


Asked on 5/15/00, 3:43 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Obstruction of Justice

Well the question is confusing, but if the officer was in full dress with his badge of office you are probably guilty of something. The pivotal fact will be whether or not you knew or should have known that you were deliberately walking away from one in authority to prevent you from doing so.

If the officer was in plain clothes without a marked car and not obviously an officer of the law, then my answer would be quite different. You are entitled to know who you are dealing with before being arrested for disobeying his lawful order.

Obstruction of justice? I doubt it. Resisting or evading arrest? Probably. Disobeying a lawful order of a law enforcement officer? Most likely in my opinion.

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Answered on 7/05/00, 12:45 am


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