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my friends keep getting harassed by a fishing investigation

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public_citizen

Guest
What is the name of your state? ohio hamilton county

I am under insvestigation by a police officer. it has been going on for 2 months now and the officer keeps calling my girlfriend and friends for information about me. if they dont answer her she spouts back with threats of obstruction of justice charges. Is this true that she can charge them? for example I moved to a new location and the officer didn't know where i lived so she called my girlfriend wanting to know where i live. my girlfriend said she didnt feel comfortable to tell her and that she should ask me instead and the cop said tell me or i will charge you for obstruction.

I know I have the right to refuse answering because of the 5th amendment but what about my friends is there anything they can do to stop the fishing investigation other than "I dont recall"
 


CdwJava

Senior Member
Depending on the laws in your state, it is very possible they CAN be charged with a crime for obstruction of justice.

So, what kind of "fishing investigation" is this? What on Earth could you have done that involves fishing that would warrant a two month investigation?

Or are you trying to refer to the affair as a 'fishing expedition'? If so, what are you being investigated for?

Carl
 
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public_citizen

Guest
the officer is trying to link me to a series of thefts becaused i sound like a good suspect. (none of my friends know how i don't work but always have money. the cop thinks its because i steal. its not! but i think its really none of her business how i make my money. so i can understand why i look like a suspect) I didnt take anything but she is trying very hard to make me be the person who did it.

I guess i am asking if there is a way my friends can stop from having to talk about me. they don't wish to be the one that says something that would keep leading the officer on that i did it. i told them that they would only be forced to answer if they were before a grand jury to be accused of obstruction. is there any other time obstruction would be applied beside refusing to talk during a grand jury. could just refusing to talk to the officer when she calls really be obstruction? a suspect has the 5th to keep from talking but what do witnessess have to keep the police in check and constantly interupting there lives especially when its asking about another person.
 

CdwJava

Senior Member
Unless they are under subpoena or testifying in court, they can always refuse to talk to the police officer. But, depending on the laws in your state, they COULD get in trouble for it ... doubtful, but possible.

If they want the questioning to stop, and you have nothing to hide, just tell them to tell the officer what they know. If you can answer the money question - if that's all it is - then they will let it go.

And I can certainly understand why they might be suspicious ... most people with no visible source of income, no trust fund, and no significant investments DO have criminal sources.

Carl
 
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public_citizen

Guest
thanks for the input. but as far as answering question about my money sources. I feel that i do not need to explain it to a stranger even if its a cop. its my personal business. but I guess by my keeping quiet will invite people to assume me suspect. i feel that if i am innocent then i should not need to prove my innocesnce. we are a society of innocent till proven guilty not guilty unless i unfold personal information to prove my innocence.

on the other stuff where would you suspect i look for information on the law details for obstruction..
 

CdwJava

Senior Member
To find out laws on obstruction in Ohio you can go to www.findlaw.com and then look for State laws and search Ohio's statutes. However, something like this may well go beyond the statutes and fall under adaptations made by case law one way or the other. All I can say is that failing to talk to the officer would not generally be criminal in CA, but lying to him could be.

And certainly you are 'innocent' until proven guilty. But that is something for a court. For an officer investigating criminal activity, suspicious behavior can equate to suspicious and possibly criminal acts. Until we receive adequate explanations for something, we continue to probe.

It would be like finding blood on your shirt belonging to a murder victim residing several blocks from your home ... there may BE a logical explanation for it ... But, until the suspect helps us out with that explanation, all our crosshairs will be focussed on him.

So, its up to you. The probing will continue until the officer either hits a dead end, or, until he finds what he's looking for. And absent a court order or a command from his superiors he can keep calling on your friends as often as he likes.

Carl
 

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