Crim pro issue spotter
Posted: Sun Mar 20, 2016 11:25 am
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:
The statute reads:
Can she move to dismiss the charge? Can she move to suppress her statements? Neither? Both?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.