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  1. #1

    Default Obstruction of a Police Officer

    My question involves criminal law for the state of: Montana

    Okay so back in January, my good friend had gotten pulled over by a police officer in Montana. We had been drinking, but not driving. We were told to sit on the curb and the officer then asked for our IDs. When it came to my friend, he asked to be told why we were getting stopped before he gave his ID and he was then arrested for obstruction of a police officer. He is going to court on Friday and I was wondering if he could get any jail time? I know he would probably get a fine but I am nervous as to whether or not he could actually have to spend some time in jail. I have been searching online but to no avail.

    Thank you in advance for all of your help.

  2. #2
    Join Date
    Sep 2010
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    9,739

    Default Re: Obstruction of a Police Officer

    45-7-302. Obstructing peace officer or other public servant. (1) A person commits the offense of obstructing a peace officer or public servant if the person knowingly obstructs, impairs, or hinders the enforcement of the criminal law, the preservation of the peace, or the performance of a governmental function, including service of process.
    (2) It is no defense to a prosecution under this section that the peace officer was acting in an illegal manner, provided that the peace officer was acting under the peace officer's official authority.
    (3) A person convicted of the offense of obstructing a peace officer or other public servant, including a person serving process, shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

    The answer is yes. However, frankly if it played out EXACTLY as you stated, which perhaps your intoxicated state may have colored the story, I don't see how merely asking questions (especially of one who has been STOPPED) qualifies. A lot of these things are nuisance tickets that don't stand up in court anyway. Your friend should at least talk to a lawyer to see how to proceed. There's no point to acquire a criminal record for dumb stuff like this.

    Was anybody else arrested or charged with anything?

  3. #3

    Default Re: Obstruction of a Police Officer

    Nobody else was arrested. We were all sent on our way shortly after being stopped.

  4. #4

    Default Re: Obstruction of a Police Officer

    I can only advise on the way the law is interpreted in NY, and Fla

    To be guilty of Obstruction, one must perform a physical Act ...

    Words are not sufficient grounds

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