If a police officer has a subject stopped on the side of the road or anywhere and a family memeber or friend comes up to your scene starting problems you tell them to leave but they refuse to do so stating that it is a public road or any other BS they come up with what can you arrest them for? Could it be Obstructing Police or Justice? I know that there are safety issues involved and common sense SHOULD tell someone not to walk up or even drive up to a Police Traffic Stop. Does anyone have a answer or opinion?

You might look at (1) Interference with Public Duties, Texas Penal Code sec. 38.15, or (2) Obstructing Highway, Texas Penal Code sec. 42.03, or (3) Transp Code Sec. 542.501 ("A person may not wilfully fail or refuse to comply with a lawful order or direction of: (1) a police officer")

If the bystander's language is loud and abusive it might rise to the level of Disorderly Conduct under Sec. 42.01(a)(1) particularly when it causes an unruly crowd to form.

Transp Code Sec. 542.501 applies only to school crossing and if the family member stops on a road that is a side road located in the persons own neighborhood and simply is asking a question, such as are you going to arrest my family member and if so can I have someone pick up his car so as not to be towed or if they were directed to the scene by an off duty county sheriff present on the scene, or similar circumstances where the interference was only verbal, not loud and the individual made no advances toward the officers, it is likely the "interference with public duties", statute will not apply as the interfence was verbal only. Requesting the individual leave the area is probably not a lawful order as they live in the neighborhood and have a right to be there.

Since this topic has recently come up in our office, I would appreciate it if someone could comment on this topic. The Officer believed he was arresting the individual for a Class C Misdemeanor and only discovered it was a Class B upon arrival to the booking area. He also states that he told the individual to stay away, but the individual was not approaching the Officer or the stopped vehicle or driver at the time he was arrested. Don't see this as being a slam dunk.

I'm an officer, not a lawyer so take this for what it's worth.

I'd tell your officers to leave it alone and grow thicker skin unless someone is actually physically interfering with their duties.

quote:

Transp Code Sec. 542.501 applies only to school crossing

The school crossing limitation applies to the order of a school crossing guard, not the lawful order of a police officer. That being said, I don't believe it would be an appropriate charge in the original fact pattern or simply showing up and asking asking questions.

Officers also need to remember that the offense of interfering, 38.15, includes a defense if the interference alleged consisted of speech only.

I dont usually post things here other than a few questions but this one I had to comment on. Im a police officer as well. I have been for 23 years now. If I am conducting an investigation for what ever reason and someone interferes with my ability to investigate what ever Im trying to investigate, Refuses my order to stand aside while I conduct my investigation. Then that person person has interfered, impeded, or distrupted my investigation. That person is going to jail for those reasons.

Now an officer sommon sence should kick in right about here. Am I going to bring people to jail over a broken tail lamp during a traffic stop when someone interfers with me, probablly not. But lets think about this for a minute.

Im on the side of the road during a traffic stop and a family member starts to interfer with me, what all am I thinking? The chances of someone getting hurt just increased by at least a third.

I am concerned with the violator's safety, my safety, the public's safety and now someone else who for what ever reason wants to have a chat on the side of the road. Just something for yall to think about.

If I am on a domestic (family fight) and a person or people start to interfer. Yes they are going to jail and going to go to jail in a hurry.

CA's and DA's should remember that a defence to prosecution is not an excemption to prosecution.

Respectfully,