Is this an unlawful arrest?????

[rastamanroc]

What is the name of your state (only U.S. law)? Georgia

Here's the charge:
Obstrution of Officers
16-10-24.
(a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.

The police are saying:

The police officers were called because her son alleged to be abusing his wife. When the officers arrived Defendant would not allow the officers to find out what was going on or if anyone even needed assistance. Defendant interupted the officers questioning that was directed toward her son and daughter-in-law. Officers had to tell Defendant five times to step back and that the officers would be with her and get her statement in a few minutes.

Defendant was told she was under arrest prior to being touched. The supervisor that was on scene told Defendant that she needed to be quiet and allow the officers to do their jobs.

Note: At one point defendant was instructed to get in her vehicle. She did. But then she got back out.

Question:
Is there enough her to be convicted of obstruction of officers? Could this be classified as an illegal arrest?

I found a Supreme Court case (Kittoe) that basically says you have to do more than simply being a nuisance.

Eager for your opinions.....

 

[CdwJava]

Apparently she was preventing the police from doing their jobs. If they cannot conduct an unhindered interview with a victim, witness, or suspect,then they cannot do their jobs. Apparently they gave NUMEROUS opportunities for the defendant to comply and she refused.

She needs to consult legal counsel presently. It may be that this charge can be pled down to a lesser offense, or, they may opt to drop it altogether as settled by arrest. But, unless a lot has been left out, it seems clear that there was sufficient probable cause to make the arrest.

 

[Zigner]

Yes - No

He was told MANY times what would happen if he didn't butt out.

 

[HappyWanderer]

I would say this very well would constitute a violation. No illegal arrest. Get an attorney.

When the officers arrived Defendant would not allow the officers to find out what was going on or if anyone even needed assistance.

I think this is the definition of obstruction.

Defendant interupted the officers questioning that was directed toward her son and daughter-in-law. Officers had to tell Defendant five times to step back and that the officers would be with her and get her statement in a few minutes.

This is a little closer, but if the officers need to tell someone to step back five times, that would be a violation. How many times before there is a problem? The interruption of questioning is the closer call and would depend on the facts.