Resisting And Obstructing A Police Officer- A Common Charge

Let me start by saying this- a police officer's job is very dangerous. I never underestimate that. It is well known that the two most dangerous calls for a police officer are domestic disputes and car stops. When I was a District Attorney, I can't tell you how many times a police officer told me "Thank God I had a back up officer that night". However, at times there are police officers that request the same charges be filed against individuals- resist, obstruct or delaying a police officer. It reminds me of the school teacher who consistently had behavior problems with the students in their class every year.

My client was found not guilty at trial of resisting and obstructing a police officer in Mecklenburg County District Court this week. The police officer in my case was actually involved in another case that day involving the same charges- resisting and obstructing. The judge found the defendant not guilty in that case also. Both cases involved passengers in vehicles. The police officer was also the back up officer in both cases. Two independent cases with the same charges; two not guilty verdicts. The alleged resist and obstruct in my case related to my client not placing his right hand in the handcuffs. However, my client had already placed his left hand in the handcuffs and was just trying to put a pack of cigarettes in his right hand back in his pocket.

Bottom line, you can be accused of a crime when you were doing something completely innocent. Here is the latest police video making rounds on YouTube- assault on a police officer by blowing bubbles! Watch the female officer next to the male officer- she looks totally embarrassed by the police officers actions.

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Resist/Obstruct A Police Officer- A Life or Death Decision

Sometimes you read about a pending criminal case in the news and you can't help but say- you can't be serious. I read this story on the Simple Justice blog and my hands flew to my head in frustration. Ryan Daniel Snodgrass, a raft guide in Denver, Colorado was arrested resisting and obstructing a police investigation after jumping into the water to save a 13 year old girl who had fallen out of his boat. The girl had been missing for over 45 minutes when the police told Snodgrass that he was interfering with an official police investigation. According to the Denver Post article, Snodgrass did not wait for the police to set up ropes, rafts and rescuers. He jumped into the water, swam over to the girl and rescued her. Fortunately, Snodgrass' boss applauded his employee's efforts-

To leave a patient on the side of a river while you get your gear out of the car and set up a rescue system you read about in a book, is simply not good policy....Making contact immediately with your victim is essential. It's not about who is in charge. It's about the safety of a 13 year old girl. You are going to do everything in your power to insure the safety of your guest, and if that means in Idaho Springs you get arrested, well I guess we'll get arrested.

The police arrested this young man for doing what many would view as a heroic act. I do hope the District Attorney in this County will do the right thing and dismiss this case. Otherwise, there will be a line of criminal defense lawyers lined up to take this resisting and obstructing a police investigation case to jury trial. Let 12 members of the Publish Post community hear this case and send a message that society still applauds selfless acts. What if he had not jumped to save the girl and the girl ended up drowning. Sometimes the decision to resist or obstruct a police officer become a life or death decision.