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What is the charge for lying to a police officer in Virginia?

BillB

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Jun 3, 2011
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NOVA
This question is an offshoot from another thread. Is there a specific law or a specific charge used against someone who has lied to a police officer in response to question? Just curious.
 

WalkingWolf

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§ 18.2-460. Obstructing justice; 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.
 

BillB

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§ 18.2-460. Obstructing justice; penalty.


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.

Note that the above says "in the course of conducting and investigation of a crime by another."

How about this scenario:

An open carrier is stopped by officer as a result of a man-with-gun call. The open carrier is not breaking any laws. The officer asks the open carrier if he is also carrying any concealed weapons such as a knife. The open carrier tells the officer no, even though he has a legal pocket knife on him. How would this qualify as obstruction of justice?
 

WalkingWolf

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Note that the above says "in the course of conducting and investigation of a crime by another."

How about this scenario:

An open carrier is stopped by officer as a result of a man-with-gun call. The open carrier is not breaking any laws. The officer asks the open carrier if he is also carrying any concealed weapons such as a knife. The open carrier tells the officer no, even though he has a legal pocket knife on him. How would this qualify as obstruction of justice?

The problem is you have no idea if the officer is actually conducting a investigation of a crime. They do not have to tell you they are. So in the above scenario if there has been a crime committed in the area, or it is a traffic stop and you lie you can be charged with obstructing. You do not have to be the object of the investigation to be charged.

To add you also do not have to be guilty of a crime, or even suspected of one. The officer does not even have to be correct, they only have to make the claim of investigating. It would be a tough one to disprove.
 
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BillB

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@WalkingWolf - good points all. All the more reason to follow the general advice of don't talk to cops.
 
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BillB

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NOVA
OK, I'll try to spare y'all. Will the fellow who thinks it is a good idea to talk to cops please just PM me with the rationale.
 

SFCRetired

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Oct 29, 2008
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1,764
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Montgomery, Alabama, USA
Interactions with police.

I see nothing wrong with a polite exchange of greetings with members of law enforcement. That is just common courtesy. However, when I start getting a barrage of questions, especially questions phrased in an aggressive or insulting manner, then I start asking, "Why am I being detained?" and, "Am I free to go?"

One word of caution that each of you have heard multiple times; If you aren't recording audio, video, or both, you are wrong. A recording, in a lot of cases, has been a lifesaver for a lot of folks. Also been the instrument of seeing a rogue officer taken off the streets in a few.
 

Repeater

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Nov 5, 2007
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Richmond, Virginia, USA
Note that the above says "in the course of conducting and investigation of a crime by another."

How about this scenario:

An open carrier is stopped by officer as a result of a man-with-gun call. The open carrier is not breaking any laws. The officer asks the open carrier if he is also carrying any concealed weapons such as a knife. The open carrier tells the officer no, even though he has a legal pocket knife on him. How would this qualify as obstruction of justice?

Making a false statement to a "Special" agent of the FBI is a crime. It's why Martha Stewart went to prison.

It's not a crime in Virginia. But we dodged a bullet, because it was very, very close, thanks to John Cosgrove:

HB 369 Obstructing justice by giving a false statement.
 

Primus

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Oct 24, 2013
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United States
OK, I'll try to spare y'all. Will the fellow who thinks it is a good idea to talk to cops please just PM me with the rationale.

Hey bill,

I just had the pm thing open and I started to type a response to your question. It then dawned on me that is be letting some guys on here dictate my actions or responses on this public forum. Last I checked none of the people talking were or are moderators. Ironically they cry when others attempt to moderate but they in turn do it. With that preamble over I'll attempt to give an example and reasoning.

If you KNOW you had nothing to do with a crime then you should SPEAK up and say that to an officer. If an officer stops you because they have a description of a bad guy and you meet said description (not hard) you can easily clear yourself by speaking.

For example.... if you were somewhere else or with someone else that can clear you without a doubt then SAY that.

Officer- hey we got a call a man matching your description just did (insert crime) over there (insert place).

Citizen- no sir I was never even over there or anywhere near it. Look I just stepped out of this (insert store). You can ask the clerk i was on there for 20 minutes looking at (insert product).

Officer- ok wait here.

Officer checks your story let's you go on the spot.

Let's change citizens response...

Citizen- I want a lawyer am I being detained!?

Officer- ok now your being placed in handcuffs and will be transported back to the scene of the crime for a "bring back" ID.

See the difference? You can assist them in clearing your name.

I personally don't give a rats behind what anyone posts or any videos there are that say otherwise. If you've done nothing wrong then talking and attempting to clear up an obvious mistake is possible.



Sent from my XT907 using Tapatalk
 

eye95

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Jan 6, 2010
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Fairborn, Ohio, USA
Guess what? That's what you're going to have to do in my case. I don't talk to the police because the consequences could be much greater for talking than for not. And your scenario is highly unlikely compared to the likelihood of the stops I have already been unlawfully subjected to!


Sent from my iPad using Tapatalk.

<o>
 

eye95

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Anyone got a rational retort? His post was rational, but can easily be refuted. Remember, he is not the person you are trying to convince. You can't. Your target is the people reading and not responding. Right now, HE has the upper hand in swaying them.


Sent from my iPad using Tapatalk.

<o>
 

WalkingWolf

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Jul 31, 2011
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Location
North Carolina
Anyone got a rational retort? His post was rational, but can easily be refuted. Remember, he is not the person you are trying to convince. You can't. Your target is the people reading and not responding. Right now, HE has the upper hand in swaying them.


Sent from my iPad using Tapatalk.

<o>

It would seem the OP did not find his post rational, and he is the person to convince. His upper hand has hair growing on the palm.:lol:
 
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