Legal Question in Civil Rights Law in Texas
what are my rights against "interferring with an officer"? I was called to pick up my son's girlfriend and "possibly" the car when my son was arrested. When I showed up another officer came running up to me shouting "leave or I'll arrest you!' When I tried to explain to him who I was and why I was there he threw me into the street and arrested me.
1 Answer from Attorneys
You need to hire a lawyer. You really have no rights when it comes to asking questions or walking into a situation in which cops are involved. The State will take the position that you were given the option to leave or be arrested - not explain - and you chose to do what you wanted to do. If you did not walk into the area and only spoke, then you will have a defense to the offense. I've pasted the relevant code below.
� 38.15. INTERFERENCE WITH PUBLIC DUTIES. (a) A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with:
(1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;
..........
(b) An offense under this section is a Class B misdemeanor.
(c) It is a defense to prosecution under Subsection (a)(1) that the conduct engaged in by the defendant was intended to warn a person operating a motor vehicle of the presence of a peace officer who was enforcing Subtitle C, Title 7, Transportation Code.
(d) It is a defense to prosecution under this section that the interruption, disruption, impediment, or interference alleged consisted of speech only.
(e) In this section, "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious bodily injury or in which property is or is reasonably
believed by the person transmitting the communication to be in imminent danger of damage or destruction.
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