Justice System, Police, Courts Interference with law enforcement
adjusterjack
Super Moderator
In 2022 the US Court of Appeals for the Tenth Circuit (which includes Kansas) wrote:
See Page 15:
But before you go waving this decision around as a defense to your citation, let's talk about your citation and why you got it.
Somewhere on that citation are words describing what you were alleged to have done that merited the citation.
Quote them word for word.
If there is a statute number referred to in the citation let's have that, too.
It would also be of interest to see the video of the traffic stop including any contact you had with the police during or after your recording of the incident.
With a footnote:
See Page 15:
But before you go waving this decision around as a defense to your citation, let's talk about your citation and why you got it.
Somewhere on that citation are words describing what you were alleged to have done that merited the citation.
Quote them word for word.
If there is a statute number referred to in the citation let's have that, too.
It would also be of interest to see the video of the traffic stop including any contact you had with the police during or after your recording of the incident.
Tax Counsel
Well-Known Member
You've not given any details of what occurred. Things like where you were standing, what the cops were doing, what others around you were doing, etc matter. You need to make sure when recording events like the actions of police, firefighters, EMTs, etc that you are well away from the immediate area where they are doing their work so that you don't interfere with what they are doing.
I've seen some videographers give into the temptation to move in closer to get a better shot because they were tunneling in on their actions — getting the video — and weren't paying attention to the entire scene to make sure they were well away from the area that the public servants need to keep clear to do their jobs. Some of those folks got charged with a charge like interfering with a police officer as a result of their tunnel vision.
When in doubt as to whether you might be too close, I recommend you take the more safe decision and move further away from the scene. With a good telephoto lens you can still get close shots of what is going on without getting in the way.
army judge
Super Moderator
Nothing odd or unusual about any law enforcement agency mailing a person a citation after the event in question has occurred.
In most cases, the citation has been vetted by the prosecutor's office.
Absent what occurred on the day in question such that you were cited for an additional transgression six weeks after the fact, quite legal, happens regularly.
Here's the law behind your citation.
2017 Kansas Statutes
Chapter 21 CRIMES AND PUNISHMENTS
Article 59 CRIMES AFFECTING GOVERNMENT FUNCTIONS
21-5904 Interference with law enforcement.
Universal Citation: KS Stat § 21-5904 (2017)21-5904. Interference with law enforcement. (a) Interference with law enforcement is:
(1) Falsely reporting to a law enforcement officer, law enforcement agency or state investigative agency:
(A) That a particular person has committed a crime, knowing that such information is false and intending that the officer or agency shall act in reliance upon such information;
(B) that a law enforcement officer has committed a crime or committed misconduct in the performance of such officer's duties, knowing that such information is false and intending that the officer or agency shall act in reliance upon such information;
(C) any information, knowing that such information is false and intending to influence, impede or obstruct such officer's or agency's duty; or
(D) any information concerning the death, disappearance or potential death or disappearance of a child under the age of 13, knowing that such information is false and intending that the officer or agency shall act in reliance upon such information;
(2) concealing, destroying or materially altering evidence with the intent to prevent or hinder the apprehension or prosecution of any person; or
(3) knowingly obstructing, resisting or opposing any person authorized by law to serve process in the service or execution or in the attempt to serve or execute any writ, warrant, process or order of a court, or in the discharge of any official duty.
(b) Interference with law enforcement as defined in:
(1) Subsection (a)(1)(A) and (a)(1)(B) is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (b)(1)(B); and
(B) severity level 8, nonperson felony in the case of a felony;
(2) subsection (a)(1)(C) is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (b)(2)(B); and
(B) severity level 9, nonperson felony in the case of a felony;
(3) subsection (a)(1)(D) is a severity level 8, nonperson felony;
(4) subsection (a)(2) is a:
(A) Class A nonperson misdemeanor, except as provided in subsection (b)(4)(B); and
(B) severity level 8, nonperson felony in the case of a felony; and
(5) subsection (a)(3) is a:
(A) Severity level 9, nonperson felony in the case of a felony, or resulting from parole or any authorized disposition for a felony; and
(B) class A nonperson misdemeanor in the case of a misdemeanor, or resulting from any authorized disposition for a misdemeanor, or a civil case.
2017 Kansas Statutes :: Chapter 21 CRIMES AND PUNISHMENTS :: Article 59 CRIMES AFFECTING GOVERNMENT FUNCTIONS :: 21-5904 Interference with law enforcement.
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You can hire an attorney to litigate the matter upon your behalf, or you can try to DIY.
Good luck.
