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  • Obstruction Of Justice

    Had this question on my mind for quite sometime and after running across this forum thought this would be a good place to pose this question.

    A while ago an officer pulled over some for speeding on my street and the speeder pulled into my driveway and the officer pulled in behind him. Concerned about a possible altercation I went out and kindly asked the officer to take this somewhere other than my property. Upon doing so the officer got very vulgar with me and told me that if I didn't return to my home he would have to charge me with Obstruction of Justice I told him I didn't feel this was the case as this is my property its my right to protect it and at this point he is trespassing as I had asked him to leave. He then became more vulgar. I said fine whatever and went back inside a few mins later they were gone and luckily nothing happened.

    Do you feel as if this Officer handle himself in the correct manner? Was it to unreasonable that I ask him to leave my property which they were trespassing on ?

    How would of you dealt with this situation?

    Thanks

  • #2
    Most likely no tresspass involved. The motorist is allowed to pull over in a safe fashion and the officer is allowed to enter your open driveway to issue a citation. Very often when dealing with a non-participant civilian a LEO needs to use harsher than normal conversational language to gret the person's attention. No matter what you thought your rights were, you were interfering with the officer's official duties. In New York that would be Obstruction of Governmental Administration.

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    • #3
      You should have just let the officer do his job and left him alone. If you are interfering with the officer from being able to conduct the traffic stop then you are obstructing him. Each state is different with their own laws though. Also he was not tresspassing. If a police officer is on your property conducting a traffic stop or an investigation he has every right to be on your driveway.
      I'm sorry, Bruce. These boys get that syrup in 'em, they get all antsy in their pantsy.

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      • #4
        Originally posted by JJS
        You should have just let the officer do his job and left him alone. If you are interfering with the officer from being able to conduct the traffic stop then you are obstructing him. Each state is different with their own laws though. Also he was not tresspassing. If a police officer is on your property conducting a traffic stop or an investigation he has every right to be on your driveway.

        I don't understand this part though? It is my property not the road If something were to happen to my family, myself or any of my belongings I would hold the officer responsible.

        So are you saying its legal for an Officer to come on my property when ever he wants to with out merit?

        Comment


        • #5
          Originally posted by chowner
          I don't understand this part though? It is my property not the road If something were to happen to my family, myself or any of my belongings I would hold the officer responsible.

          So are you saying its legal for an Officer to come on my property when ever he wants to with out merit?

          The officer did not CHOOSE the location of the stop, the driver of the car he pulled over did. A vehicle stop can be very dangerous, I do not know who the person I am dealing with nor if they had just committed a crime. What I don't need is another person I don't know bothering me while I am trying to figure out who this other person is.
          Also, how do you know it was for speeding? Just because we pull someone over does not mean it was for a traffic violation.
          A Veteran is someone who at one point in their life wrote a blank check made payable to The United States of America, for an amount up to, and including their life. That is honor, and there are way too many people in this country today, who no longer understand that fact!

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          • #6
            Originally posted by ray8285
            The officer did not CHOOSE the location of the stop, the driver of the car he pulled over did. A vehicle stop can be very dangerous, I do not know who the person I am dealing with nor if they had just committed a crime. What I don't need is another person I don't know bothering me while I am trying to figure out who this other person is.
            Also, how do you know it was for speeding? Just because we pull someone over does not mean it was for a traffic violation.
            As you have state a vehicle stop is very dangerous hence by having it on my property the officer has not only himself to worry about but also me and my family at this point.

            I respect cops but I also demand respect for my family and their wellbeing.

            Comment


            • #7
              See you soon..............

              I vote that we all go to chowner's house at the same time and date and park!!!
              "We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm" -George Orwell

              "It's 106 miles to Chicago, we've got a full tank of gas, half a pack of cigarettes, it's dark, and we're wearing diapers." - Blues Brothers

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              • #8
                There are severl Supreme Court and Appellate court cases in reference to this.

                An officer may enter your property, cross your property, or travel through property as long as its in the performance of an official duty.

                When the officer initiated the traffic stop, he was acting in an official capacity.

                For your own safety, you should have stayed out of the way and just let him finish the stop.

                Regards,
                C

                Comment


                • #9
                  Originally posted by cblackthorne
                  There are severl Supreme Court and Appellate court cases in reference to this.

                  An officer may enter your property, cross your property, or travel through property as long as its in the performance of an official duty.

                  When the officer initiated the traffic stop, he was acting in an official capacity.

                  For your own safety, you should have stayed out of the way and just let him finish the stop.

                  Regards,
                  C

                  Ok another question then isn't the person the officer had pulled over in my driveway trespassing could I report them as trespassers ?

                  Comment


                  • #10
                    Originally posted by chowner
                    Ok another question then isn't the person the officer had pulled over in my driveway trespassing could I report them as trespassers ?
                    Do you have "No Trespassing" signs posted? If not, then you would need to make a point to inform the subject he is not wanted...doing so during the stop is NOT the right time for that.

                    Use some common sense Chowner....the guy the police stop pulls into your drive way, what is the officer supposed to do?

                    Next, as far as getting vulgar, the officer has no clue whos house this guy he is stopping has pulled into. For all he knows you are one of this guys friends and are going to give the officer a hard time...or worse. He just doesnt know.

                    Third, lets say a police is in foot pursuit of a subject, and the guy enters your house, would you rather the police not follow him? You know, since you would "hold the police responsible for anything that happens"......

                    Comment


                    • #11
                      Originally posted by chowner
                      Ok another question then isn't the person the officer had pulled over in my driveway trespassing could I report them as trespassers ?
                      Sorry, NO.

                      I recommend you stop making a mountain out of a mole-hill.

                      Comment


                      • #12
                        Why all the arrogance do you all respond in such matters when asked this question to face or just when you are hiding behind a computer screen?

                        Sorry I asked the question I guess I am better of just complying to anything I am told.

                        Comment


                        • #13
                          Originally posted by chowner
                          Why all the arrogance do you all respond in such matters when asked this question to face or just when you are hiding behind a computer screen?

                          Sorry I asked the question I guess I am better of just complying to anything I am told.
                          I think thats the point. You dont want to comply. You appear to hate the fact that an officer actually told you to do something you didnt agree with. On the surface, it appears quite childish.

                          You have to understand, when an officer is conducting a traffic stop, he has alot to consider and be responsible for. His safety, the driver, the passengers, the bystanders (i.e. you), and everything else that could possibly come into the area.

                          He doesnt have time to explain to you his responsibilities or his duty in the middle of a traffic stop. He only has time to give you an order and you should comply. Its as simple as that.

                          Could the officer have been more polite? Possibly. Without seeing the scene for myself, its impossible to tell. Everyone, including officers, prefer to deal with people in a respectful and professional manner. However, being human, sometimes it just doesnt happen.

                          Regards,
                          C

                          Comment


                          • #14
                            Originally posted by cblackthorne
                            I think thats the point. You dont want to comply. You appear to hate the fact that an officer actually told you to do something you didnt agree with. On the surface, it appears quite childish.

                            You have to understand, when an officer is conducting a traffic stop, he has alot to consider and be responsible for. His safety, the driver, the passengers, the bystanders (i.e. you), and everything else that could possibly come into the area.

                            He doesnt have time to explain to you his responsibilities or his duty in the middle of a traffic stop. He only has time to give you an order and you should comply. Its as simple as that.

                            Could the officer have been more polite? Possibly. Without seeing the scene for myself, its impossible to tell. Everyone, including officers, prefer to deal with people in a respectful and professional manner. However, being human, sometimes it just doesnt happen.

                            Regards,
                            C
                            Trying to protect what is mine is childish?

                            Comment


                            • #15
                              chowner,

                              What you're unable, or refuse to understand, is that the car being stopped chose the location for the stop, not the officer. For potential safety reasons already mentioned, no cop wants to conduct a traffic stop, and subsequent investigation in a residential driveway. But once the officer is committed, it won't be over, til it's over, period!

                              Just a thought, have you ever thought of building a wall or fence around your property...problem solved
                              "Think like a man of action, act like a man of thought" ~Henri Louis Bergson
                              ______________________


                              ComptonPOLICEGANGS.com

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