Crim pro issue spotter Forum

[djaja]

Defendant is passenger in a car that was pulled over for traffic violation. Without any individualized suspicion, the police ask for her name which is later found out to be false when another officer arrives on scene and recognizes her. She's arrested and charged with obstruction of justice.

The statute reads:

A person commits the offense of obstructing a peace officer if the person knowingly obstructs, impairs, or hinders the enforcement of criminal law or the performance of a governmental function.

Can she move to dismiss the charge? Can she move to suppress her statements? Neither? Both?

[encore1101]

It depends on your jurisdiction. Some states allow a police officer to ask a person's name (but imposes no duty on the person to respond), whereas other states require an individual to provide their identity. Still others prohibit cops from talking with individuals unless they have, at the very least, an "objective credible reason" (looking at you, NY).

Assuming that the police questioning was lawful, she does not have a constitutional basis to suppress the statement. SCOTUS has held that routine traffic stops do not constitute "custodial" stops for constitutional purposes (see Berkemer v. McCarty). Even if she was in custody, asking for someone's name is not "interrogation," as it was not likely to elicit an incriminating response.