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Member |
I was recently presented a hindering apprehension case where the def. lied to police regarding the location of a person being investigated in (but not yet charged) connection with several crimes. Law enforcement came to the door of this defs. home and asked where the person being investigated was. The officer had a search warrant (not arrest) to obtain an item believed to be located on that individual's person. My def. lied and said they were not at home when in reality they were hiding in the house. To date the person being investigated has not been charged with a crime. My question is have any of you prosecuted someone for hindering, where it was a search warrant rather than arrest warrant involved? The language of the statute says "hinder the arrest, prosecution, conviction, or punishment of another for an offense". I'm thinking maybe this would fall under hindering prosecution. I've got a clear cut false report case, but we would like to stack these cases if possible. | ||
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Member |
This looks like an interference with public duties case to me. | |||
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Member |
Or a false report under 37.08, or depending on your facts, could you prove tampering with evidence? | |||
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