Posted: 7/9/2004 8:08:03 AM EDT
| I'm tired of people running from me on foot, ditching whatever contraband they have, then giving up. Sometimes we find what they dumped sometimes we dont. Anyone have a law in their city,county,state which prohibits people from fleeing from an officer on foot or anything to that effect?? I would like to be able to charge the ones who get over on me with something, our courts wont let us use the obstructing an officer in his duties statute. Any ideas??? Thank you in advance. |
You mean it's not illegal to run from the police in your state? Here in TX evading on foot is a misdemeanor charge and evading in a vehicle is a felony. |
In CA, caselaw supports pursuit of a fleeing person based on the fleeing alone (People v King, I think ). As for the evasion, if we give them a verbal order to stop, and they ignore, then they are subject to the resisting/obstructing. Our Co. DA wouldn't touch a "stand alone" resisting without a additional charge, though. They usually have bigger fish to fry. I'll usually do a disturbing the peace or "Punk in Drublic" rather than a resisting/obstructing. Try jaywalking/tresspassing? |
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Here is the Texas Law: § 38.04. EVADING ARREST OR DETENTION. (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him. (b) An offense under this section is a Class B misdemeanor, except that the offense is: (1) a state jail felony if the actor uses a vehicle while the actor is in flight and the actor has not been previously convicted under this section; (2) a felony of the third degree if: (A) the actor uses a vehicle while the actor is in flight and the actor has been previously convicted under this section; or (B) another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or (3) a felony of the second degree if another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight. (c) In this section, "vehicle" has the meaning assigned by Section 541.201, Transportation Code. (d) A person who is subject to prosecution under both this section and another law may be prosecuted under either or both this section and the other law. Just because you do not see them actually ditch the contraband does not mean that you cannot charge them with it. If you can find an affirmative link between the suspect and the contraband, you can charge them with it. If you have good reason to believe that the person fleeing threw it down, or have good reason to believe that there was no contraband in the immediate vicinty when the contraband was discarded, then you have PC to arrest (depending on your state's arrest authority). The alternative is to fully identify your suspect, initiate an offense report for Possession (of whatever the contraband is), list your DB as the suspect, leave the case status "Active/Pending," and submit the contraband to your crime lab-type folks for testing. About half the time, you will get latents, even from plastic bags, which make a fine affirmative link (superglue works great for recovering latents off of plastic). A week or two later, supplement your original report, and get an arrest warrant. It takes a little more work, but good police work often does. |
| If I see them ditch it then I charge them...I completely agree there. It's when they toss it and I dont see where it went or dont see them do it because they are out of sight like around a corner or something like that. Thank you for your replies though...the texas one looks pertty good. |
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I work on a college campus. The underage drunks LOVE to try to run from us. They get slapped with this: (from the Ohio Revised Code) § 2921.31. Obstructing official business. (A) No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance by a public official of any authorized act within the public official's official capacity, shall do any act that hampers or impedes a public official in the performance of the public official's lawful duties. (B) Whoever violates this section is guilty of obstructing official business. Except as otherwise provided in this division, obstructing official business is a misdemeanor of the second degree. If a violation of this section creates a risk of physical harm to any person, obstructing official business is a felony of the fifth degree. HISTORY: 134 v H 511 (Eff 1-1-74); 148 v H 137. Eff 3-10-2000. Dave |