Posted: August 2nd, 2006 by Militant Libertarian
The following is from Montana Code, and provided by Montana Legislative
45-7-302. Obstructing peace officer or other public servant. (1) A person
commits the offense of obstructing a peace officer or public servant if the
person knowingly obstructs, impairs, or hinders the enforcement of the
criminal law, the preservation of the peace, or the performance of a
governmental function, including service of process.
(2) It is no defense to a prosecution under this section that the peace
officer was acting in an illegal manner, provided that the peace officer was
acting under the peace officer’s official authority.
(3) A person convicted of the offense of obstructing a peace officer or
other public servant, including a person serving process, shall be fined not
to exceed $500 or be imprisoned in the county jail for a term not to exceed
6 months, or both.
It is no defense to a prosecution if the officer was acting illegally? As
one person threatened for prosecution under this law noted, “I have recently
been threatened with being charged with “Obstructing” for not yielding to a
warrantless search of my property.”
In Philadelphia a 21 year old student was arrested on his property after he
took a photo of the police who were in the process of arresting a drug
dealer down the street.”
Last month a man was arrested in New Hampshire after presenting evidence of
a police officer being verbally abusive that he had captured on his home
security camera system.
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