Grounds for arresting a person for obstruction of justice?

Question

Ok.... where do I begin? We were throwing a birthday party for myself and my mother's boyfriend at her house. I guess one of the neighbors put in a complaint that the the noise was too loud and they came by to tell us to turn it down around 10 o'clock. They came back around 12 AM while a few of us were in the living room. ... I didn't realize how loud the music was at that particular time because hey... I'm celebrating my birthday and having a good time. I look up and 2 police officers are walking through the front door of my mother's house. I had been drinking, but I was coherent enough to notice that something isn't right about that picture. I approach the first police officer Asking if he had a warrant to enter my mother's house twice.. No answer, asked if had the right to enter my mother's house. He says he doesn't have to answer that, but I'm being arrested for Obstruction of Justice. How can I be arrested for that when I only asked 3 questions?

Yes I was arrested.

No I remember it like it was yesterday. I do drink but I'm not stupid. He didn't answer the first two times I asked him. He didn't say anything.

is there always something missing from the story? That is what happened.... I approached the policeman in a calm manner, asked the questions calmly and was arrested for asking those questions... but whatever I guess.... the government / police can do what they please in this country.... do I not have the right to ask those types of questions?

i turned the music down as soon as I saw him... it wasn't my home

Answer 1

Based on what you are saying I have no idea....my guess is someone either let them in but I also think they could make a case that due to multiple complaints if no one responded to their knock at the door they could legally enter if force was not required because a crime (disturbance of the peace) is in progress and they have a right to make it end. Now thinking like a cop (ex cop) if you came up and even stood in the way of them and refused to answer any questions but merely asked your own - you could be "obstructing" their cause of ending the disturbance of the peace. Based on what you say - fight it.

Answer 2

A noise complaint (disturbing the peace) is a misdemeanor and you should have been ticketed or arrested for that purpose when they returned the second time. But, you didn't state that that was the reason for the arrest, obstructing was the reason.

As for entering into the home, I would have to agree that either someone else let them in or they knocked and no one answered thus the police have the right to enter under the "community caretaker exception" which is defined under exigent circumstances (Payton v. New York). If in the course of the police investigating, you interfered with the police (failed to shut down the music when requested) then the officer was justified in his arrest. I could second guess his actions all day but, only you and he know what truly transpired that night as I wasn't there. I would suggest you talk to a lawyer and see if he elaborated in his report the justification for being in your mother's home.

Ryan: The police can't do whatever they want in this country. They need to follow case law. That is how this country has operated since it became a nation. Law needs to be interpreted and sometimes one persons interpretation differs from anothers. The police don't have absolute power. There are three branches of government and each is a check and balance of the others. It may not be a flawless system, but it is the best in the world and you are lucky to be living in such a great country. If the officer did mess up, it will come out in court and you will likely be cleared. If on the other hand you messed up, you will suffer the penalty. When you get the police report, it should contain more facts and explain what all happened that night.

Answer 3

You've learned an important lesson: The minute the car you were in was pulled over by the police your first responsibility was to obey the lawful commands of authority. They began a search which means they had "reasonable cause". Any question you had about their reason for searching has to be asked later, not while they're doing the search, unless you want to be cited for interfering with an officer of the law. You also had more important things to do than speak to your father. The correct action would have been to ask permission to answer the phone, including telling them about your father worrying. Threatening the cops was another "brilliant" move. Most of us don't live in tiny towns where the cops know everyone and everyone knows the cops. When they pull over a car - especially a car with young men in it - they don't know who you are, if you're armed, if you're using drugs, if you just raped and murdered the old woman down the street. They know nothing, nada, zip about you. And they are very cautious. Most cops also know that they intimidate civilians (actually they scare most of us) and few people disobey the orders they give so when they meet up with belligerence instead of obedience, their antennae go up. There's a qualitative difference between standing up for your rights and being oppositional and defiant, from doing what you know you're allowed to do and doing what you feel like doing no matter what. A suit would be a crap-shoot. Cities and counties will settle only when the judge won't toss the suit at the get-go, when there's overwhelming evidence of their liability and/or a trial might last a long time and run up humungous costs. Since you admit to not following the lawful order of an authority, I'm thinking that the odds are not in your favor.....unless you're so lacking in ethics that you'd swear an oath to tell the truth and then lie. All of this being said, the best thing you can do is to print out your question and, if you can't memorize it, then read it before the court. In fact, save the URL of the question to present to the court for verification. You have a very good idea of who you are and of the mistakes you've made. You've got a problem with impulse control that you're going to have to work on because, if you don't work on it and get it under control, there will be more confrontations with people in authority - cops, bosses, etc. - in your future. Our jails and prisons are full of people with low impulse control and, if you don't want to be one of them, you're going to have to learn to control your words and actions.

Answer 4

The obstructing came from them having to come around twice. The first time should have been the only time they had to tell you to be quiet.
They didn't need a warrant to come into your house. Unless they're searching for something, thats one thing, and are you sure no one told them they could come in? The last thing a police officer wants to hear is a drunk person (no matter how many or little drinks you had) telling them how to do their job. One time should have been enough to turn down your music and show a little respect to your neighboors.

Answer 5

The second time the officers are called out to a complaint a warrant is not needed for entry. You were warned once.

You obstructed justice by doing just what you said, asking questions. It obstructed with his/her investigation. You should have listened to him the first time you asked if he had the warrant.

There was enough grounds for an officer to arrest you.

Answer 6

After a warning, there was no need for a warrant. There seems to be something missing from the story.

Answer 7

Sounds like you were really drunk. Maybe there is more to the story than you remember.

Answer 8

Is the case still pending or has it gone to court?