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John
John, Lawyer
Category: Criminal Law
Satisfied Customers: 697
Experience:  Trial Attorney, licensed in FL, GA, & AL. Rated 10 / 10 by avvo.
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Police were called by a City employee because of a disturbance

Customer Question

Police were called by a City employee because of a disturbance (Shooting) in the parking lot where the employee worked as a Supervisor. The employee had witnessed that the persons eventually stopped and handcuffed by the police (in the parking lot) were not involved in the shooting. The Supervisor identified himself and tried to inform the officers that the persons they were handcuffing were not involved. He was told by the officer that "I don't give a damn who you are you have to leave the area." The Supervisor returned to his office inside the building. Perhaps ten minutes later the police officer came into the building and aresste the Supervisor for intering with a police officer. Incidentally, the persons initially stopped by the police were released without being arrested. QUESTION: Shpuld the Supervisor, a City employee have been arrested when he was trying to advise another City employee avoid an error?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  John replied 8 years ago.
I do not understand your question, is there a typo? Please explain.
Customer: replied 8 years ago.

Since the Supervisor of the facility where the incident occurred, observed the disturbance and called the police, should he have been arrested for trying to advice the police that the persons they stopped had nothing to do with the incident?

 

 

Expert:  John replied 8 years ago.
No. Absolutely not, if he was just trying to be reasonable and level headed. Police sometimes abuse their authority and overreact. It sounds to me that your supervisor was trying to help and do the right thing. I would have him hire an attorney and get those charges dismissed. I am sure this is not a case the County or City Attorney wants to prosecute. It may be a matter of him calling up the County or City Attorney himself to get it resolved.
Customer: replied 8 years ago.
Is there any case law that will substatiate your opinion?
Expert:  John replied 8 years ago.
Sure. What exactly did they charge him with?

I went to law school at Alabama and am licensed there. I am quite familiar with this type of charge.
Customer: replied 8 years ago.
They arrested him and charged him with interfering with a police officer in carruing out his duty even though he never touched or came within ten yards of the officers.
Expert:  John replied 8 years ago.
He will not meet the elements of the charge. I need to know the statute number or what the name of the charge was to pull it up to show you the law... I dont think it is called "interfering..."

Regardless, it basically says he would have to obstruct or interfere with the administration of justice. His defense would be that he was protecting and trying to help justice and did not act unreasonably and obeyed orders.
Expert:  John replied 8 years ago.
I see this question is still open. I want to make sure you have no further questions. I have tried to help you to the best of my ability, but you may still have a follow-up issue. Let me know if I can I explain further. Is there anything else I can help you with? Did I answer your question? If not, please let me know how I can help further. If so, PLEASE let me know that, too!

Thank you.