Is it obstruction of justice if you step in between an officer's attack on a citizen, and release to other off

Question

I want to know is it unlawful, to intervene by holding a person by the waist after police officer punched a guy in the face and was proceeding furthermore with a flashlight/orblackjack.

Obstruction is when an interference occur to delay a lawful arrest.

Please tell me what you think

Answer 1

I think that unless you can prove the arrest was not lawful you would be in violation of the law.

Additionally, while some of the actions taken by the officer *might* not be lawful, the arrest still is and you could still be in violation of the law.

It would be better in a situation such as that to gather as much evidence as possible as an observer instead of creating a bigger problem.

Answer 2

I would think you would have an affirmative defense in that circumstance of "defense of others" If you are just protecting the person from injury but not from the police's course of investigation, detainment, etc, then you didn't obstruct justice.

I wouldn't suggest doing that though unless they were really hurting the person and it was a family member you were protecting, otherwise it might not be worth the trouble.

Answer 3

I think that would be a very fast trip to jail, or a quick way to get introduced to his flashlight/blackjack yourself, or both.

Stay out of it, it is the person can take it up with an attorney later.

The best you should really do is stay back, and scream like crazy to draw attention to the person. The courts can deal with it later.

Answer 4

You're not giving enought info...

Why did the officer punch this person? And yes, you are breaking the law!

Answer 5

Not, if the officer is attacking a person that has not forced them to do so.

Answer 6

I'm sure the guy deserved it so you should actually help the cop and start kicking the dude.