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mbarlandPolice Officer (Ret)•

From what little there is, I'll go with the cops on the scene and say that he isn't obstructing. Certainly seems like he enjoys getting in the way of cops doing their business, which is the definition of obstructing.

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panffles•

With what little context we have, if there was an investigation going on, yes.

Go figure half of what he says is wrong too.

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GavinmacOP•

I know there's a right to film police officers in public. I don't think there's a right to distract them by asking them questions about what they are doing and commenting to them about the legality of their actions while they are trying to question a subject.

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[deleted]•

There is a right. There has to be more than verbal interference. Bunch of case law but Houston v Hill is probably most relevant here.

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panffles•

Verbal alone? No

If an individual continues to encroach on your space after he has been instructed to back up, and continues to shout making an investigation impossible, i feel a combination of the 2 would meet the requirements for obstruction.

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"A municipal ordinance that makes it unlawful to interrupt a police officer in the performance of his duty is substantially overbroad, and therefore invalid on its face under the First Amendment. The ordinance in question criminalizes a substantial amount of, and is susceptible of regular application to, constitutionally protected speech, and accords the police unconstitutional enforcement discretion, as is demonstrated by evidence indicating that, although the ordinance's plain language is violated scores of times daily, only those individuals chosen by police in their unguided discretion are arrested."

Seems the biggest issue with houston vs hill was how vague and all encompassing that ordinance was.

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[deleted]•

I agree. I was basing my reply on the comment I replied to. There wasn’t anything about space-just commenting and questioning. The original Hill criminal case specifically applied to someone intentionally trying to distract police from their duties.

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