TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Hindering Execution of Search Warrant
Go
New
Find
Notify
Tools
Reply
  
Hindering Execution of Search Warrant Login/Join 
Member
posted
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.
 
Posts: 5 | Location: Colorado City, Texas | Registered: February 16, 2010Reply With QuoteReport This Post
Member
posted Hide Post
This looks like an interference with public duties case to me.
 
Posts: 36 | Registered: September 03, 2008Reply With QuoteReport This Post
Member
posted Hide Post
Or a false report under 37.08, or depending on your facts, could you prove tampering with evidence?
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Hindering Execution of Search Warrant

© TDCAA, 2001. All Rights Reserved.