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Question about the "right to remain silent" and "obstruction of justice."

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Crafter Man

Junior Member
Question about the "right to remain silent" and "obstruction of justice."

Let's say the police suspect criminal activity is occurring at my neighbor's house. They also suspect I might have witnessed the criminal activity.

The police knock on my door to ask me some questions. (And again, I am not under suspicion – my neighbors are.) For whatever reason I refuse to answer any questions.

Can the police charge me with "obstruction of justice" for refusing to answer any questions?

A law enforcement officer on another board said he would arrest me and charge me with "obstruction of justice" for refusing to answer questions.

In such a situation, it is my understanding that I can only be charged with obstruction of justice if I lie to the officer. But the LEO on the other board claims I can be charged if I remain silent.

I don't think this is right. What is the law on this?

(Also, please let me know if you’re a judge or lawyer.)

Thanks
 


weenor

Senior Member
Crafter Man said:
(Also, please let me know if you’re a judge or lawyer.)

Thanks
Why so you can tell the cops that you talked to your lawyer and your lawyer said you don't have to put up with their crap?
 

Crafter Man

Junior Member
weenor said:
Why so you can tell the cops that you talked to your lawyer and your lawyer said you don't have to put up with their crap?
I am debating an LEO on another board about this issue. (It is strictly an intellectual discussion.) A lawyer's or judge's opinion will hold more weight than someone who isn’t in the legal profession.
 

justalayman

Senior Member
well here is a little help:

where does the "right to remain silent" come into play in the legal world.

how does this apply to you answering questions the police ask?

define (to/for yourself) 'obstruction of justice'. there are plenty of websites that do a good job of this.
-----------------------
those three things will answer your question
 

CdwJava

Senior Member
Crafter Man said:
The police knock on my door to ask me some questions. (And again, I am not under suspicion – my neighbors are.) For whatever reason I refuse to answer any questions.

Can the police charge me with "obstruction of justice" for refusing to answer any questions?
It depends. There may be a state law that makes withholding information related to certain offenses (such as felonies) a crime. There is a law kinda like that out here in CA but it has more to do with knowingly concealing the identity of a subject to permit him to avoid justice than with simply speaking as a witness.

A law enforcement officer on another board said he would arrest me and charge me with "obstruction of justice" for refusing to answer questions.
It depends. He might be able to in his state. Ask him under what statute would he make the arrest?

Oh, I'm a cop.

- Carl
 
Generally its only a crime if you knowingly lie and conceal stuff.

Also it is pretty hard for them to prove obstruction of justice if you tell them nothing since they dont know what you know, or may have forgotten.
 

seniorjudge

Senior Member
Crafter Man said:
Let's say the police suspect criminal activity is occurring at my neighbor's house. They also suspect I might have witnessed the criminal activity.

The police knock on my door to ask me some questions. (And again, I am not under suspicion – my neighbors are.) For whatever reason I refuse to answer any questions.

Can the police charge me with "obstruction of justice" for refusing to answer any questions?

A law enforcement officer on another board said he would arrest me and charge me with "obstruction of justice" for refusing to answer questions.

In such a situation, it is my understanding that I can only be charged with obstruction of justice if I lie to the officer. But the LEO on the other board claims I can be charged if I remain silent.

I don't think this is right. What is the law on this?

(Also, please let me know if you’re a judge or lawyer.)

Thanks

Carl is right: it depends on what the statute says.

Also, you can't claim the fifth amendment rights unless you are guilty of something.
 

Kane

Member
Like the others said, it's not a "right to remain silent" issue.

But I know of no statute that criminalizes failing to cooperate with the police. Obstructing them, yes. Failing to cooperate, no.
 

seniorjudge

Senior Member
Kane said:
Like the others said, it's not a "right to remain silent" issue.

But I know of no statute that criminalizes failing to cooperate with the police. Obstructing them, yes. Failing to cooperate, no.
http://www.moga.state.mo.us/statutes/C500-599/5750000030.HTM

Missouri Revised Statutes
Chapter 575
Offenses Against the Administration of Justice
Section 575.030

August 28, 2005


Hindering prosecution.

575.030. 1. A person commits the crime of hindering prosecution if for the purpose of preventing the apprehension, prosecution, conviction or punishment of another for conduct constituting a crime he:

(1) Harbors or conceals such person; or

(2) Warns such person of impending discovery or apprehension, except this does not apply to a warning given in connection with an effort to bring another into compliance with the law; or

(3) Provides such person with money, transportation, weapon, disguise or other means to aid him in avoiding discovery or apprehension; or

(4) Prevents or obstructs, by means of force, deception or intimidation, anyone from performing an act that might aid in the discovery or apprehension of such person.

2. Hindering prosecution is a class D felony if the conduct of the other person constitutes a felony; otherwise hindering prosecution is a class A misdemeanor.

(emphasis supplied)



Some prosecutors have been known to file charges under this statute if the defendant KNEW of some wrongdoing (and had nothing else to do with the wrongdoing) and, when asked by the cops, said they knew nothing about it.

What do I think about such a maneuver? I think the prosecutor didn't have much of a case against the actual perp and was fishing for evidence.
 

Two Bit

Member
That really seems like reaching to me. As long as you tell the officer who you are, I don't see how I can charge someone with obstruction for refusing to cooperate. In Georgia, our obstruction prohbits people from hindering our duty, but it doesn't require any cooperation.

It seems to me that the proper way to compel a person to give information is to subpoena them and put them on the stand before a grand jury.

In interest of full disclosure, I'ma cop too.
 

AHA

Senior Member
Crafter Man said:
Let's say the police suspect criminal activity is occurring at my neighbor's house. They also suspect I might have witnessed the criminal activity.

The police knock on my door to ask me some questions. (And again, I am not under suspicion – my neighbors are.) For whatever reason I refuse to answer any questions.

Can the police charge me with "obstruction of justice" for refusing to answer any questions?

A law enforcement officer on another board said he would arrest me and charge me with "obstruction of justice" for refusing to answer questions.

In such a situation, it is my understanding that I can only be charged with obstruction of justice if I lie to the officer. But the LEO on the other board claims I can be charged if I remain silent.

I don't think this is right. What is the law on this?

(Also, please let me know if you’re a judge or lawyer.)

Thanks
Ok, to make sure this isn't a make-believe story or home work ('cause this is the wrong board for that, as I hope you know!!), why are you refusing to help put criminals behind bars and get them out of your neighborhood??

I'm not a lawyer, judge OR cop, but I do feel I have the right to speak up when people are deliberately letting criminals roam free in residential areas when they can put a stop to it!
 

justalayman

Senior Member
AHA said:
Ok, to make sure this isn't a make-believe story or home work ('cause this is the wrong board for that, as I hope you know!!), why are you refusing to help put criminals behind bars and get them out of your neighborhood??
QUOTE]
Well back at post #3 this is what the OP stated:
I am debating an LEO on another board about this issue. (It is strictly an intellectual discussion.) A lawyer's or judge's opinion will hold more weight than someone who isn’t in the legal profession.
The OP claims it is a make believe story but I think the OP is worried about going to jail for hindering prosecution.
 

AHA

Senior Member
justalayman said:
Well back at post #3 this is what the OP stated:


The OP claims it is a make believe story but I think the OP is worried about going to jail for hindering prosecution.

Just as I thought, make-believe or homework has no place here.
 

steve762

Junior Member
I was threatened with a bench warrant......

......by a prosecutor when I told him I wanted to remain silent?

Is there a remedy?
 

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