1. Do Not Touch a police officer. You’ll definitely want to keep your hands to yourself unless your immediate plans include new dental work, a visit to the ER, and a fitting for new black and white striped wearing apparel.

2. Do Not Touch an officer’s gun. See above, but include an abundance of Maglight-induced knots on your head.

3. Do Not Spit on a police officer. See 1 and 2, but include tears … yours.

4. Do Not Urinate inside a police officer’s car. See 1, 2, and 3, but add bloodshed … yours.

5. Do Not Throw Things at police officers. See 1, 2, 3, and 4, but add the surgical removal of the officer’s shiny shoe from the part of you where the sun doesn’t shine.

6. Do Not Run from the police. If they have to chase you they’re bringing a butt-whuppin’ to the party.

7. Do Not Touch a police dog. See 5 above, but replace “shoe” with K-9 teeth.

8. Do Not Make Jokes about the officer’s mother, wife, or kids. If so, expect to not see your own mother, wife, or kids for the next 5-10 years, except during Sunday visits.

9. Do Not Tell officers that you pay their salaries. See 6 above. The butt-whuppin’ in this case is for officers not receiving a pay increase for the past 10 years. And, prior to your startling announcement they didn’t know where to take their complaints. So thanks for taking one for the team, Sparky.

10. Finally, unless you have a line they haven’t heard before, keep them to yourself.

You know the ones …

  • Aren’t you that guy from the Village People?
  • I almost decided to be a cop, but I decided to finish high school instead.
  • Is it true that people become cops because they’re too dumb to operate a spatula and/or a milkshake machine?

Pig Chef

  • Hey, you do realize that if I was doing 97 mph then so were you, so write yourself a ticket.
  • I was speeding so I could get back to your mother. She misses me.
  • What are going to be when you grow up?
  • Your breath smells like donuts.

Note – Obviously this post is intended as a tongue-in-cheek bit of humor. The information above is fictional, unless you were there and have video evidence to prove otherwise. If not, it’s fictional. Really, it is. Maybe.

By now I’m sure most of you have heard about Tiger Woods’ latest brush with the law … a DUI arrest near his Jupiter Island home in Florida.

This arrest has (like nearly everything these days) sparked a bit of controversy with some claiming police had no right to arrest the impaired Woods because he was not actually driving a car when he was taken into custody. Nor was there an indication of alcohol consumption.

So why, you ask, would police officers arrest a person for simply sitting inside their car NOT drinking alcohol? Well, it goes something like this …

First, Mr. Woods wasn’t merely sitting in the car listening to his favorite jams on the radio. Instead, police found him seated behind the wheel with the engine running and the lights on  … stopped in the right lane of a Florida roadway. This took place at night/early morning hours.

When officers asked questions (they had to wake him to begin the questioning), Woods responses were slurred and sluggish. He was confused and disoriented and didn’t know how far he was from his home. Not exactly the behavior of a person who’s brain is not in a state equal to that of a bucket filled with wriggling worms. Or, as some of my old acquaintances in the south used to say, “He was as “effed-up” as a bucket of worms.” By the way, “effed” was not the actual portion of vocabulary that typically spilled out when using this particularly charming phrase.

So there’s the basis for the stop—Woods’ car sitting in the road, running, with headlights on. Yes, it’s still considered a traffic stop even when the suspect’s car is already in a stopped position.

But why arrest for DUI when the car is sitting still? And no alcohol showing up on the roadside testing device? Or a breathalyzer? What’s up with that?

Florida law, like other states, requires you to take a breath, blood, or urine test if you are arrested for DUI. This law is called the “implied consent” law, and it states (I’m paraphrasing here) that if the operator of a vehicle is arrested by an officer who has probable cause (in this case a car sitting in the road, running, with headlights on) to believe that they’ve been driving under the influence of a substance, then they consent to taking a chemical test of their blood, breath or urine for the purpose of determining your blood alcohol content (BAC), or for other drugs. Drivers cannot legally refuse without penalty.

So yes, you could be arrested for a DUI even if you are not driving. If a driver has physical control of the vehicle while under the influence of alcohol or drugs or other chemicals, then that can be enough for an officer to arrest you. Physical control, by the way, doesn’t always mean behind the wheel motoring down the highway. Instead, it simply means that the driver is in a position to move the vehicle (or other self-propelled equipment, such as a tractor or even a riding mower). Even if the driver is asleep when the officer makes contact, the potential that the “driver” could wake up and operate the vehicle has been enough for Florida courts, among others, to rule that the driver had actual physical control of their vehicles.  Griffin v. State457 So.2d 1070 (1984)).

Now, back to Tiger Woods. During their investigation, Woods told officers he’d recently had back surgery and was taking four medications, including the often abused opioid-based Vicodin.

Woods failed the roadside field sobriety tests and officers noted that he had trouble walking and it appeared that it was a real chore for him to keep his eyes open. By the way, one obvious sign that someone is using/abusing Vicodin is extreme drowsiness/difficulty keeping eyes open.

So, after all was said and done, Woods was arrested for DUI.

The arrest is solid because Woods was, after all, under the influence of drugs (prescription medications). This is nothing new. People abuse prescription drugs all the time. Every day, in fact. And those people also get behind the wheels of their cars and they drive, while heavily impaired. Doing so is no different than driving while under the influence of alcohol. Impaired driving is impaired driving no matter the substance that causes the “bucket of wriggling worms” inside your brain.

Some states have per se laws that make it illegal to operate a motor vehicle with any detectable amount of certain drugs in one’s system.

Woods will undoubtedly claim that the mix of medications was the cause of his impairment, and a judge will probably let him off the hook. Why? Money. Fame. Fortune. And merely because he’s Tiger Woods and not ordinary ‘ol you or me.

Ain’t that as “effed up” as a bucket of worms.

Note – The above images are my creations, as sad as they are. I purposely pen these drawings in the crude and goofy style you see on this site. Why do I draw them this way? Because I, too, am goofy.

Sacrifice For Me ~ The Oak Ridge Boys – Joe Bonsall, Duane Allen, William Lee Golden, and Richard Sterban

Thank you …

A time-battered shed.

Front door, askew.

One rusted hinge.

Open slightly.

Wedge of sunlight,

On plank flooring.

Beretta in hand.

“I heard a shot, but I was too scared to look. Is he in there?”

“Stay back, please.”

Standing to side of doorway. Breathing heavy.

“Frank?”

No answer.

Heart pounding.

“Frank. I’m here to help. You okay?”

Silence.

Flies buzzing, darting in and out.

Deep breath.

Quick peek.

Maglight low.

Head high.

Minimum target.

Blood spatter.

Lots of it.

Tissue on ceiling.

Sitting on floor.

Shotgun in lap, upright.

“Frank, you okay?”

Useless words.

“Is Daddy all right?”

“Go back in the house. I’ll be there in a minute.”

Hand over mouth, sobbing. “Okay.”

Squeeze through door.

Flashlight aimed toward ceiling.

Holster weapon.

Friends since high school.

Twenty years, or more.

No face.

“Why, Frank? Great kids. Great wife. Nice house. Good job. Wonderful life.”

Silence.

Key radio mic.

“Send M.E. and paramedics. No particular order.”

Doesn’t matter.

BUT …

Chest moves, slightly.

Then, a wet breath … from somewhere.

A finger twitches.

“Frank?”

Another jerky, unbelievable breath.

“Hold on Frank. Help’s on the way!”

Frantically grab radio.

“Tell paramedics to hurry. Victim is alive. Repeat. Victim is alive.”

Sit down.

Holding Frank’s hand.

Sirens getting closer.

“Hey Frank. Remember when we …”

Chief of Police Steven Eric DiSario, 34

Kirkersville Ohio Police Department

May 12, 2017 – Chief of Police Eric DiSario was shot and killed while responding to a call regarding a man with a gun at a local nursing home. The suspect also shot and killed two people inside the facility.

Chief DiSario is survived by his expectant wife and six children.


Deputy Sheriff Mason Moore, 42

Broadwater County Montana Sheriff’s Office

May 16, 2017 – Deputy Mason Moore was shot and killed during a vehicle pursuit. While attempting to escape capture, occupants of the fleeing car fired multiple rounds at Deputy Mason’s patrol vehicle, causing it to veer off the roadway and crash. The suspects then made a U-turn to pull beside the officer’s car where they fired at least twenty-four rounds into the vehicle, striking Deputy Moore in the head.

The father and son pair then fled but again engaged in shootouts with police that took place in other counties, with numerous law enforcement officers from various agencies involved. One of the shooters was eventually killed by police. The other was taken into custody and charged with multiple offenses, including murder and attempted murder.

The father and son, according to police investigators, were on a mission to kill a police officer.


Border Patrol Agent Isaac Morales, 30

U.S. Customs and Border Protection

May 24, 2017 – Agent Isaac Morales succumbed to injuries received four days earlier when he was stabbed in the eye during an unprovoked attack as he and others were walking to their cars.


Deputy Sheriff Jason Garner, 41

Stanislaus County California Sheriff’s Office

May 13, 2017 – Deputy Jason Garner and Community Service Officer Raschel Johnson were killed in a vehicle crash while en route to a burglary call. The patrol vehicle left the roadway and became engulfed in flames after striking a parked car and a dumpster. Officer Rachel Johnson was on a ride-along at the time of the crash.

Deputy Garner is survived by his wife and four children.


Community Service Officer Raschel Johnson, 42

Stanislaus County California Sheriff’s Office

Community Service Officer Raschel Johnson is survived by her husband, three children, her parents, and a brother.

 

When it comes to the convoluted business of writing, a few things immediately come to mind. Such as …

  1. Being a writer is like being a politician. You get to make up @#$! and your fans love it.
  2. Being a writer is like being a plumber. Somewhere around the middle of the job you find yourself elbow deep in @#$!
  3. Writers are like prostitutes. They do it for money but the income arrives in small amounts at random times.
  4. Agents are like pimps without the purple suede leisure suits and feathers in their hats. Oh, wait …
  5. A good book is like a large pot of coffee. It keeps you awake all night.
  6. Sitting at a keyboard while clacking away at random characters is something an illiterate chimp can do. Much of today’s media is proof that chimps are better at it.
  7. Autocolonoscopy  Autocorrect is great, except when it isn’t.
  8. A great book is a like a fine statue. Their creators started with an idea and then carved away everything that didn’t help tell the story.
  9. Writers are like cops. They like coffee and whiskey and telling tall tales … and whiskey. I know, this one was an eye-roller …

10. A bad story is like a snow skier. They’re both start at out on a slow upward climb toward the summit. Then it’s all downhill from there until they reach the end, which is often totally uneventful.Unless it’s not. But you’ll never know what it’s like until you start the climb.

11. The words of a good book remain forever. The words of a politician remain only until the next big donation comes along.

12. Real-life bad guys, to save themselves a lot of grief, should take the time to read a mystery book. By doing so they’d know the good guys always win in the end.

13. Good books are like the bed in a by-the-hour motel. Lots of action between the covers.

14. Great ideas make great books, except when they don’t.

15. Social media can be like a cancer. No punch line. It truly can be like a cancer.

16. The bravest men and women in the world today are currently sitting at home, ranting and raving away on Facebook, telling people just how brave they are. Then they play video games like the popular Conquer the World Using Really Big Fake Guns and Lots of Noise and with People Who Live and Die a Bunch Each time the Game is Played. So march on, brave basement warriors. March on. Oh, the next time you go upstairs … get a job! There’s always greeting customers at Weirdomart, or selling fries at Booger Joe’s Burger Joint. They’re both hiring.

17. Lone literary agents at writers conferences are like the innocent fawns that tiptoe through the forest—they both know an attack could come at any moment. This is why experienced agents travel in packs. A herd of snarky, seasoned literary agents typically fares well. It’s the newbie who chats with anyone at any time who falls prey to the predatory writer(s). This is the agent we’ll not see again until they receive intensive retraining. He or she will need to hone the skills of avoiding writers at all cost. They must polish the combined technique of how to say, “Send me twenty pages of this delightful manuscript,” while simultaneously devising a clever means of destroying the pages before he/she heads back to their hotel room. Then comes the most difficult lesson of all—how to never, not ever, answer an email or phone call from writers. This one is tough, at first, because the natural instinct is to pick up when our phones jingle, and to open emails as they arrive in our inboxes. However, agents have managed to acquire the ability to ignore writers without a speck of remorse for their rudeness. Amazing ability. simply amazing.

18. A firefighter and a police officer enter a bar at a mystery writers conference. They’ll know better next time.

Finally …

19. Two drunks and a writer enter a bar during a writers conference. Three drunks come out.

20. Twenty separate news articles about the same topic are written by twenty different “reporters” at twenty different media agencies. Each of the twenty stories are dramatically different. Neither relay sthe same “facts.” Some offer praise. Some are dark and dreary. Others are light and happy. Some are filled with opinion (hatred or love). None, however, are accurate. The story is all over the place. Unfortunately, this is today’s reporter. Bull … loney.

And I know exactly what he speaks of, and it’s not something you’d want to step in …

Collusion is a word we’ve all come to hear on a regular basis, if not  weekly daily hourly minute-by minute … okay, practically every second. But what is collusion? Is it the proper terminology when speaking about an incident involving two people, one of whom is seeking political office? Well …

Please, this is not a political statement, nor am I supporting or not supporting anyone. This is strictly a factual piece. There is nothing hidden between the lines!! NO political comments, please. 

According to Black’s Law Dictionary (a standard): Collusion. n. where two persons (or business entities through their officers or other employees) enter into a deceitful agreement, usually secret, to defraud and/or gain an unfair advantage over a third party, competitors, consumers or those with whom they are negotiating.

*The above definition could be used to to describe nearly ALL political campaigns and campaigners throughout history!

The crime of collusion is associated with illegal business practices and does not apply to elections. Instead, this particular crime (collusion) falls under the heading of Antitrust laws (also called competition laws), the statutes developed by the U.S. Government to protect consumers from shady business practices, thus ensuring that just and fair competition exists in the marketplace.

The Sherman Act, 1890  (click to read)

*Note that I highlighted the word “crime” above, because that’s what we’re talking about here today, a crime, such as Price-Fixing, or Bribery of Public Officials. These two are indeed Crimes of collusion.

So, is collusion a crime when it involves elections? Well …

  • Taking advantage of what another person or group does during an election is not illegal. Sure, it’s a bit of political “not-so-niceness,” but it is not a federal crime to do so.
  • Asking someone to release information about a political opponent is not illegal unless the party asking was involved in illegally obtaining the information in question (wiretaps, illegally recorded conversations, etc.). Still, the act of asking to release information is not in itself a federal crime.
  • A person or group of people supporting a political candidate is not a federal crime, even if that person(s) releases potentially damaging information about politicians running for office (favoring one above the other). Not illegal = no crime. For example, you’re running for the office of county sheriff and a person you encounter tells you they have possibly damaging information about your political opponent. You ask them to show the dirt to the world and they do. After all is said and done, you win the election. Asking the person to release the information is not a crime. Doing so is no different than a political party digging up dirt on their opponents and then running the juicy tidbits in TV or media ads and articles. Again, no crime, and definitely not collusion as it relates to federal law.

Remember, we’re addressing the specific definition of collusion as it relates to elections, not a matter of, well, stuff I do not discuss here. So please don’t make this into something it’s not!

The word collusion has sort of evolved to loosely and unofficially encompass a variety of non-related offenses. It’s so watered down that it’s almost reached the point of being a slang term, much like the word “Mace”is often used to incorrectly identify all chemical sprays used by police. Not so. Mace is a trademarked name of a company that manufactures a variety of merchandise under the same name.

*To those of you who’ve asked … yes, I’m behind the goofy drawings. And yes, I purposely make them crude and and a bit off-kilter. Why? Because I, too, am goofy.

Again, I’m begging you to please not make this political or a discussion or argument about anything outside the text above. I’m merely pointing out the law as it relates to a specific topic. I take no sides. My goal and purpose for much of what I do—I’m dedicated to helping writers write believable make-believe.

*All factors in a criminal case are considered. Sometimes, in order to achieve a conviction, it takes the piecing together of multiple pieces of evidence—the totality of circumstances. This may include circumstantial evidence, if related.

1030 hours.

Radio transmission – Theft from jewelry store. Items taken—two diamond rings with value exceeding $10,000.

Traffic stop.

Weather – Sunny. 84 degrees.

Reason for stop – Vehicle matched description provided by jewelry store owner. Plates—out of state.

Weapon(s) involved – Taurus .380 recovered from beneath driver’s seat. Fully loaded with spare magazine in small cloth bag. No weapons used in connection with the crime.

Stolen items not found.

My partner and I were pros at playing good cop/bad cop. In fact, we were the go-to guys for eliciting confessions. But these two, the man and woman suspected of taking two expensive diamond rings from a local jewelry store, were also pros. In their line of work—stealing—they were some of the best in the business and their game was an old one. They pretend to shop for engagement rings. She tries on several, asking to see first one then another and then back to this one and then the other, and so on and so on until the clerk has an assortment of bling scattered about the glass countertop like a spattering of snowflakes on a frozen lake surface.

Their goal was to confuse the clerk so they could pocket a few gems and then make their getaway after not seeing the “perfect” ring.

It worked. When the frustrated clerk/owner returned the items to their respective spots in the case she noticed two valuable rings were missing. So were the two “customers.”

The responding uniformed officers asked, of course, for a description of the pair of thieves, but the owner simply couldn’t offer any solid details. They’d so thoroughly confused her that all she could remember was one was male and the other, female. She was able to recall their race and that both wore nice clothing … she thought. However, she wasn’t sure if it was the man who wore a blue shirt or if it was the woman whose top was blue. She was confident the man had on khaki pants, though. No doubt about that detail.

For the record, the actual color of the man’s shirt was green and the woman had selected a red and white striped top as her shirt du jour. They both had on blue jeans at the time of the traffic stop that took place within 30 minutes of the theft. There was no other clothing inside their car. The owner’s descriptions were not even close and, unfortunately, the store’s surveillance cameras were switched off. “Oh, we don’t bother with that thing,” she later told me.

Questioning the two suspects was going nowhere. We had them in separate rooms—ALWAYS separate the suspects and witnesses to prevent comparing stories—and we alternated between the two, trying every trick in the book. You left fingerprints. The clerk ID’d you. Witnesses saw you. Yada, yada, yada. But we were spinning our wheels because they’d readily admitted to being in the store and knew no one other than the clerk was there at the time the items were taken.

They said they’d looked at and tried on rings. However, they didn’t like what they saw and left. But they didn’t take anything.

It was their word against the store owner’s and we had no evidence. They’d allowed us to search both them and their car and we found nothing but the gun, which was illegal—he was a convicted felon and the gun was concealed. I even tried using the weapon as leverage—we’ll cut you some slack for it if you confess to the jewelry theft and return the rings. No dice. We had nothing.

So I took a walk around the hallways, trying to think of some sort of angle to help garner a confession. As I passed by the door to the dispatchers’ room one of them called out with a cheery “Good morning,” so I stepped inside where I noticed a small stack of new videos (VHS tapes at the time) beside her terminal. The top one was a collection of Looney Tunes cartoons with Bugs Bunny’s image plastered on the front. He held a carrot in one hand and his rabbit lips were split into a wide, buck-toothy grin. The video was a gift for her child’s birthday.

I had an idea and asked to borrow the tape.

After a quick stop in my office for a bit of artistic trickery, I returned to the interview room where the female suspect sat waiting. When I opened the door and stepped inside she smiled and asked if she could leave.

I took a seat in the chair across from her and returned her smile. Then I slid the tape across the tabletop. “We have a video,” I said. What I didn’t say was that I’d removed the Bugs label and replaced it with one I’d cobbled together in my office before returning to the interview room. The new label simply read “Video – June 6, 1994.” (June 6 was the current date, and Video…well, it was a video, right?).

“When I show this tape to a judge … well, you know what’s going to happen, right?” I said.

Tears quickly formed in the corners of her eyes. Then she looked down toward her feet and nodded. “I know,” she said. “Yeah, we did it. He took them, though. Not me. You saw that on the video, right?”

That classic downward look is a telltale sign a confession is imminent

Suddenly she wouldn’t shut up, telling me they’d dropped the rings out of the window when they saw me pull out behind them. I sent a patrol officer to the approximate location where he found both rings. She also confessed to other thefts in other cities. The gun, too, was stolen. They’d broken into a home and found it while searching for valuables. The necklace she wore that day was stolen, as was the watch on her boyfriend’s wrist.

When I entered the room with her boyfriend/partner in crime, with the tape in hand, my first words to him were, “What’s up, Doc?”

An hour later we had signed confessions from from both suspects.

And that’s how Bugs Bunny helped me solve the Case of the Missing Jewelry.

And, well … That’s all, folks.

Denene was in Chicago this week, by invitation, to participate in a meeting of the National Board of Osteopathic Medical Examiners. The team was here to review questions submitted for the national medical boards. In other words, she and fellow experts (Denene is the microbiology expert of the team) were here to vet questions for the board exams. These exams are the tests medical students must pass to become physicians.

Denene’s portion of the questions make up a big part of the very first board exam, along with others in tests along the course of study. Prior to taking the tests, student doctors participate in classroom and lab for the first 2 yrs of medical school. Once they’ve successfully completed the exam they’re set to begin their first rotations at local hospitals and clinics.

Next are written exams followed by the practical portion (bedside consultation with actors who’re trained as professional patients). Very realistic. This practical portion takes place in a realistic doctor’s office exam room, which just happens to be a room fitted with equipment to record all audio and video. This all takes place with examiners looking on from behind a two-way mirror like those seen in police interrogation rooms.

Following the completion of all exams and practical sessions, each student doctor receives their medical degree. However, they must first select a residency in the field of medicine they want to practice—board scores often determine which path the new doctors must follow. Then they enter the residency, take more tests, and then they become full-fledged physicians. The field of medicine determines the length of residency. Some may be as quick as two years and some up to five years, or so.

Yep, I married a genius who also successfully developed drugs for cystic fibrosis and bacterial pneumonia (both are on the market), managed a biotech company that worked on top secret government bioterrorism projects, was senior director of a biotech company, traveled the world managing successful clinical trials and then she and her team presented her findings to the FDA for successful approval, and so much more.

Me, I’ve been a bit under the weather the entire stay. Almost cancelled the trip because I didn’t think I could make. But I did, and spent my time hanging out at the hotel, writing, observing, reading, and, as always, working on the Writers’ Police Academy. And let me tell you, we are working on some spectacular … oops, almost spilled the beans. 🙂

But I was able to pull it together long enough for Denene and me to join my buddy Doug Cummings for dinner one night.

Doug was nice enough to brave commute traffic to drop by and pick us up from the hotel. Doug’s a wonderful author who spent some time working as a deputy sheriff, but left to serve twenty-five years as a television and radio reporter covering crime, much of that time in Chicago and nearby suburbs.

Please do stop by Doug’s website to learn more about him and his writing. You’ll be glad you did.

Anyway, at this moment, I’m in Chicago at the airport with my wife, the genius. And we’re on the way home!

 

Obstruction of justice is a sort of loose term of varied meanings. It’s a phrase that’s sometimes used incorrectly, and sometimes as a threat.

“You don’t tell us what we want to know we’re going to charge your 109-year-old grandma with obstructing. That’s right, she’ll go to prison for 10 years! Do you want that on your conscious?” said the mean and mostly nasty federal agent.

So what is obstruction of justice? Does it mean to physically stop an officer from carrying out a specific duty? How about words? Could a string of them, when spoken, bring about a charge of obstruction? What about lying to the police? After all, aren’t all spoken words, even lies, protected by the First Amendment?

Let’s first address the definition of Obstruction of Justice per Black’s Law Dictionary, a reference book you’ll find in nearly every law office in the country, as well as in the offices of many police detectives.

From Black’s Law Dictionary:

What is OBSTRUCTION OF JUSTICE?

The noncompliance with the legal system by interfering with (1) the law administration or procedures, (2) not fully disclosing information or falsifying statements, and (3) inflicting damage on an officer, juror or witness.So there it is in black and white. Any or all of the above could land someone in deep trouble, and maybe even behind bars, for a long time.Breaking the law down even further, specifically to a single state, the Commonwealth of Virginia, it looks like this:

§ 18.2-460. Obstructing justice; resisting arrest; penalty.

A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555, he shall be guilty of a Class 1 misdemeanor.B. Except as provided in subsection C, any person who, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or an animal control officer employed pursuant to § 3.2-6555 lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, is guilty of a Class 1 misdemeanor.C. If any person by threats of bodily harm or force knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, lawfully engaged in the discharge of his duty, or to obstruct or impede the administration of justice in any court relating to a violation of or conspiracy to violate § 18.2-248 or subdivision (a) (3), (b) or (c) of § 18.2-248.1, or § 18.2-46.2 or § 18.2-46.3, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 17.1-805, he shall be guilty of a Class 5 felony.

D. Any person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer or an animal control officer employed pursuant to § 3.2-6555 who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor.

 Federal Law – Obstruction

As you could imagine, federal laws regarding obstruction, or any other offense, is detailed and detailed and detailed almost beyond comprehension. So, here’s the tidbit most relevant to this article, and it goes like this …

“Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—

Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.”

So make of it what you wish. But whatever you do, please save political comments for your own pages. Please, not even a whimper or hint. I’m just a messenger of fact.

Now, back to Spud from the top photo. Apparently, he lied and told Officer P. Tater that he hadn’t seen anything (we assume the officer was referring to a crime or something related to criminal activity).

Based upon what you’ve read above, if he was lying to the officer, who was conducting an official investigation, could Spud be charged with obstruction? If so, why? If no, why not?