This is completely hypothetical. I’ll start with my understanding: To ‘obstruct’ means to physically block or interfere unlawfully, whether through force, violence, or an obstacle. It seems that merely talking (except for fighting words) wouldn’t count as obstruction. However, consider this scenario:
Imagine you’re a First Amendment auditor and come across a traffic stop. You decide to pull out a large Bluetooth speaker, place it near the stop, and play loud music—loud enough to make it hard for the officer and vehicle occupant to hear each other. Could this be considered obstruction? You’re not using a physical object to create an obstacle, but sound waves are physical, right?
For this example, let’s say you’re on a deserted road where playing loud music isn’t illegal. Would you assume you’d be arrested, perhaps without formal charges? What are your thoughts?
Edit: Just to clarify, I don’t actually want to go to jail; this is purely theoretical.
Lyle said: @Kai
Your example would definitely be considered obstruction under that law.
What parts tell you that? I’m not arguing, just trying to understand.
Quoting from the law you cited:
A person commits a misdemeanor of the second degree if he intentionally obstructs, impairs, or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act.
So, if you obstruct, impair, OR pervert the administration of justice, you can be charged. You don’t have to obstruct to be guilty; you can just impair. Your speaker scenario seems designed to impair.
The law also states the impairment must be through ‘force, violence, physical interference or obstacle,’ which is broad enough to include your speaker as an obstacle.
By placing the speaker and playing loudly, you’re impeding the officer’s ability to do his job. That qualifies.
The First Amendment and SCOTUS rulings give the public a lot of leeway in what we can do, like yelling at officers, which is protected. But actively interfering with their job is not. Playing loud music nearby definitely qualifies, in my opinion.
@Jamie
But what law are you breaking? Is it obstruction? Is it physical? Yelling isn’t obstruction, right? What if I’m just standing there yelling so they can’t hear?
Let’s change the question to what happens in court or pre-court. If you did this, I assume you’d get arrested. But what law would you actually be charged with?
It depends on the judge’s interpretation of ‘physical’ in the law.
The law doesn’t just say ‘impede them from doing their job’; it specifies you need to impede with force or physical interference. At least that’s how it seems to me. (I believe this should be illegal; I’m just curious if it technically is or not.)
@Kai
What law? That varies by location. In Texas, it could be interference with public duties.
You can yell at officers; it’s protected. Whether they hear you or not doesn’t matter.
If you interfere, you’ll likely be detained, maybe just given a citation instead of being taken to jail. I haven’t seen such cases go to court, but they probably end in fines.
@Kai
Yes, the charges can change. An officer might arrest you for one crime, but it’s the district attorney who officially charges you, and they can adjust the charge based on the evidence.