Both Cop Block and Virginia Cop Block have picked up this story. This video is very incriminating for Henrico County and I'm disappointed about it. Can't wait to hear what the cops give as their reasonable suspicion that a crime was being committed, much less their probable cause that you did commit a crime. Obstruction? Classic go-to-charge just to hassle you and remove you from the premises, proving a point. I'll bet no matter the outcome of your case, no one will do what you did again, especially OCing. They win either way and if you get a settlement the tax payers lose.
I've got plenty of questions, but I'll save them until after you've gotten the legal matter sorted.
My guess is this will be one of those "ignorance of the law" situations where the cop will likely claim that he believed what you were doing was illegal. It's hard to guess the officer's level of intelligence because he doesn't say much, but he seemed to at least keep a level head so he's not full on neanderthal.
You posted a link to the AG's opinion in 2002. It's absolutely perfect.
"Section 18.2-460(A) provides:
If any person without just cause knowingly obstructs a … law enforcement officer 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 … law-enforcement officer, he shall be guilty of a Class 1 misdemeanor. In interpreting a former statute involving the obstruction of an officer performing his duty, the Supreme Court of Virginia has distinguished that which constitutes "obstruction": [T]here is a broad distinction between avoidance and resistance or obstruction.… "To constitute obstruction of an officer in the performance of his duty, it is not necessary that there be an actual or technical assault upon the officer, but there must be acts clearly indicating an intention on the part of the accused to
prevent the officer from performing his duty, as to ‘obstruct’ ordinarily implies opposition or resistance by direct action.… It means to obstruct the officer himself not merely to oppose or impede the process with which the officer is armed."[2] Additionally, the Supreme Court held that an attempt to escape the custody of an officer by running away does not provide a basis for a conviction for obstruction under the former statute.3 The Court of Appeals of Virginia has held that "obstruction of justice does not occur when a person fails to cooperate fully with an officer or when the person’s conduct merely renders the officer’s task more difficult but does not impede or prevent the officer from performing that task."4
http://www.ag.virginia.gov/Opinions and Legal Resources/opinions/2002opns/02-082.pdf
Looking forward to seeing where this goes.
