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Chesterfield Chippers

riverrat10k

Regular Member
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Aug 24, 2008
Messages
1,472
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on a rock in the james river
I was OC'ing in a lunch queue today, directly behind a Chesterfield sheriffs deputy and a CPD officer (who I overheard say he had been with the dept. 20+ years). No attempt was made to disarm me for officer safety.

Why should I have to disarm at all during a traffic stop?
 
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Marco

Regular Member
Joined
Jul 29, 2007
Messages
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Greene County
Obstruction of Justice (aka perverting the course of justice) is a broad term that simply boils down to charging an individual for knowingly lying to law enforcement in order to change to course/outcome of a case, or lying to protect another person. The charge may also be brought against the person who destroys, hides, or alters evidence.

Virginia Obstruction of Justice is a class 1 misdemeanor that carries a penalty of up to one year in jail.



Obstruction of Justice – Code of Virginia

§ 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


Personally, I don't see choosing not to tell even if asked( Yes, saying no there's no guns/firearms present) as a crime as defined by the above criminal code.
The officer isn't investigating a crime when he ask about your firearm as you are legally allowed to possess, and there's that whole self incrimination thingy.




But there's that saying, "you might beat the rap but you won't beat the ride."
 
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peter nap

Accomplished Advocate
Joined
Oct 16, 2007
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13,551
Location
Valhalla
After hearing more about this and consulting with someone in communication with the Chief's office, the official word is what they are being taught in the Academy (Officer's discretion) is the current policy and no plans to change.

In other words, I jumped the gun, sorry!

On the other hand, some officers are being instructed to take the gun when they know one is present. That apparently by a supervisor and I suspect a memo from the Chief will be forthcoming that will end that practice.

That's just a guess.
 

nuc65

Activist Member
Joined
Nov 22, 2009
Messages
1,121
Location
Lynchburg, Virginia, USA
What I said James, was that in Chesterfield, the policy was that the officer was to seize the weapon. The officers no longer have the option of not taking it as in the past. This is a new Chesterfield policy.

The policy change was directed at people who have CHP's because that will notify the officer. I'm sure they will take any weapon they see or are told about CHP or not.

Nothing in the policy says anything about searches but I believe they have the authority to search the immediate area for weapons if thy feel like it.....Officer Safety!

They have no way to know if a non CHP has a weapon or is likely to have one, other than ask.

It's illegal to lie to the cop but you don't have to answer either.

Officer: Sir, do you have any weapons?
Oc'er: You're perfectly safe officer, the most dangerous thing I have is my sharp wit.:rolleyes:

I think that keeping your mouth shut, wit aside, works whether you have a CHP or not.
 
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