Arrested for Obstruction

My question involves criminal law for the state of: Georgia

Driving back home from school when in Mcrae, Georgia two police officers pull me over. One of them citied for me loud music coming from my vehicle. I tried to ask the officer questions about how he concluded me to be in violation of the statue, but he was very unresponsive.

After citing me then walking back to his vehicle I point my camera at him and say into it "he refused to answer any of my questions", at which point he comes back and asks what I said. I told him then he said I am free to go. He then says "please exit this private parking lot", I say ok. He walks back to vehicle and I again point the camera at him and say he didn't answer any of my questions. He then says "please leave the parking lot" in which I say "im in the process" (You can hear me click my seat belt and i put the key in). He stands right next to my car, and I ask him his name. He fails to identify himself.

I then go on to ask if this parking lot is open to the public, he says its the churches and to leave again. I say aren't we allowed to be here, then he asks me to step out of the car. We go back and fourth and I ask what crime have i committed. He finally puts me in handcuffs and tells me he is going to lock me up for obstruction. In the backseat of his vehicle, I hear him say "can we arrest him for this" and then the other one says "he didn't move his vehicle"

Iam taken to jail, and charged with the loud music violation and obstruction. I made bail and had to pay for a car impound charge. I'm failing to see how what I did hindered the official discharge of his duties. It seems like I was asking him legitimate questions and he hindering me (IE failing to identify his self when i asked for his name and being either evasive or not answering them).

Here is my video:
http://www.youtube.com/watch?v=Yzim7eKJ6S4

Questions of the type you were asking don't get asked at the scene. They get asked in the courtroom. Failure to obey a lawful order to leave private property could have resulted in a trespass charge in addition to the obstruction charge. When police say leave, you go, lest you risk...wait for it....arrest for obstruction. If you want to argue about it, the time is when before the judge fighting the citation, not while remaining to bicker after being told, more than once, to leave. For your own sake, let an ATTORNEY battle the citation on your behalf in court, lest you similarly put the judge in a position to act to get compliance in the courtroom.

The officer was in no way "hindering" you. You failed, repeatedly I dare say, to obey a lawful order and were arrested for it. Secondly, the time and place for your line of questioning is supposed to be a courtroom, not curbside at the time of offense.

Maybe you can get the ACLU to explain that to ya.

Yes I did watch the video.....now trying to get the 6 minutes 39 seconds of my life back that I wasted on the viewing. Like Catherine advised, your best bet would be to have a lawyer speak for you in court lest you upset the judge and end up doing a year for contempt.

"(You can hear me click my seat belt and i put the key in)."

this does not mean you were trying to leave the parking lot. In fact, you were told numerous times, by a police officer, to leave the property, and you chose to act like a smart ass.

I watched enough of the video to say....you need a lawyer. Because you don't want this played for a judge or jury. Because after less than 30 seconds, if I were a juror, I would be saying "GUILTY!"

You clearly ignored a lawful order to leave, by insisting on your little Perry Mason act.

While the officer did tell me to leave the property, what gives him this power?
I was not committing a crime being parked there, if anything, according to ACLU v. Alvarez and Gilk v. Boston I have the right to film police on such area. It seems my right to the "the free discussion of governmental affairs" as ruled in Gilk V. Boston was infringed upon. From the video you can see the only reason he asked me to leave was because I had a camera pointed at him and was commenting on what happened.

You can discuss what you believe your rights to be with the lawyer you hire to represent you for this charge.

Quote:

---

Quoting wildcat1337

---

From the video you can see the only reason he asked me to leave was because I had a camera pointed at him and was commenting on what happened.

---

From the video you would also appear to be on private property which wasn't yours and which you were lawfully ordered to vacate - after which you remained. The only reason that matters is the reason the jury finds - the reason you're proposing is one of MANY possibilities - not a single "only" reason - most of which will result in "guilty". Having the right to film there doesn't equate to the right to be ON that property. Again, get an attorney.

Quote:

---

Quoting wildcat1337

---

While the officer did tell me to leave the property, what gives him this power?

---

The state of Georgia and the municpality or the county where the officer is employed.

Quote:

---

I was not committing a crime being parked there,

---

So, you DID have permission to be on the property? If not, then you should have left. When you refused to leave you were committing the crime of criminal trespass in the presence of the officer. My thought is that he should have arrested you for THAT offense, not for obstruction. He'll probably have to do a more intense tapdance to make an obstruction charge fit the bill - and it will almost certainly have to be for something more than your filming him ... but, it is by no means an impossible order.

Quote:

---

Quoting cdwjava

---

The state of Georgia and the municpality or the county where the officer is employed.


So, you DID have permission to be on the property? If not, then you should have left. When you refused to leave you were committing the crime of criminal trespass in the presence of the officer. My thought is that he should have arrested you for THAT offense, not for obstruction. He'll probably have to do a more intense tapdance to make an obstruction charge fit the bill - and it will almost certainly have to be for something more than your filming him ... but, it is by no means an impossible order.

---

How does criminal trespass apply here? No where in 16-7-21 does it say you need permission to enter one's property. I did have a reason to be there - getting pulled over (it was in town, so there is no shoulder on the road) -it maintained the safety and integrity of the main road. There was no notice from the owner saying entry is forbidden, or no notice from the owner saying to leave. Georgia does not have "simple trespass".

Seems like that statue does not give police the authority solely themselves to tell me to leave since I did have a reason to be there.