Please help with my PC 148 obstruction of justice charge :(

[Mass_Shyster]

Can you please explain what you mean by ACLU and NLG. Thank you for your help.

http://bit.ly/MOJB8A

http://bit.ly/MOJKbW

 

[javadsmm]

http://bit.ly/MOJB8A

http://bit.ly/MOJKbW

Lol....K I thought it was some kind of legal terminology....

 

[CdwJava]

Seizing the phone absent a warrant is the only really troublesome part of this. However, if he was arrested for PC 148(a) and was in possession of the phone at the time of the arrest, then it can be seized and placed into property or evidence. But, if it were left inside, then seizing it absent a warrant would be problematic.

 

[javadsmm]

Seizing the phone absent a warrant is the only really troublesome part of this. However, if he was arrested for PC 148(a) and was in possession of the phone at the time of the arrest, then it can be seized and placed into property or evidence. But, if it were left inside, then seizing it absent a warrant would be problematic.

Yes, the cell phone was on my person when arrested. I am not too worried about it. I know I will get it back eventually. My concern is why the citation was given. Was it because I refused to leave the apartment? I (obviously) eventually did, but explained to the officers that I would not until I felt safe. or Was it for delaying their search of the home? What do you think?

 

[CdwJava]

Yes, the cell phone was on my person when arrested. I am not too worried about it. I know I will get it back eventually. My concern is why the citation was given. Was it because I refused to leave the apartment? I (obviously) eventually did, but explained to the officers that I would not until I felt safe. or Was it for delaying their search of the home? What do you think?

My guess is that it is because you failed to comply with the order to exit the apartment and even went so far as to lock the door. The officers are under no obligation to give credence to your explanation, especially since it seems rather spurious. For all they knew, you were hiding or destroying evidence.

Had they sufficient cause to believe there might be contraband/evidence inside and that it would be destroyed, they might have forced entry anyway. Since they had just hauled away a guy allegedly waving a gun around earlier, they were probably already edgy! You're lucky that they seemed more than willing to talk you out ... they were much more considerate than many agencies might be under similar circumstances.