Failure to obey a police order
Failure to obey a police officer, failure to obey a police order, or failure to obey a lawful order is a crime in certain jurisdictions.
Canada
In Canada, the Criminal Code makes it illegal for a motor vehicle driver to disobey an order to stop for a police officer. This includes flight from a peace officer. Such a charge, other than those involving death or bodily harm, can be prosecuted either summarily or by indictment. Flight from police causing injury or death is always indictable, with maximum penalties of 14 years and life imprisonment, respectively. A conviction also comes with a mandatory driver licence suspension by the relevant provincial or territorial Ministry of Transportation (e.g. minimum 5-year suspension of Ontario-wide driving privileges).
United States
In the United States, a failure to obey charge is typically a misdemeanor. For example, in Virginia, it is a misdemeanor to refuse to assist an officer in responding to a breach of the peace[1] or in executing his office in a criminal case.[2] In Washington, DC, this law is utilized primarily for purposes of ensuring that officers tasked with directing traffic have the authority to direct motorists and pedestrians in a proper and safe manner.[3]
The failure to obey charge is often used as a "contempt of cop" charge, as a pretext to punishing persons being disrespectful to the officer, rather than serving any legitimate law enforement goal.[4]
See also
References
- § 18.2-464. Failure to obey order of conservator of the peace.
- § 18.2-463. Refusal to aid officer in execution of his office, archived from the original on May 14, 2003
- Final Report Relative to Complaints of Alleged Misconduct Made at the October 24, 2002, Hearing of the Committee on the Judiciary of the Council of the District of Columbia Concerning the IMF/World Bank Protest, archived from the original on October 6, 2010
- Kristian, Bonnie (March 26, 2019). "The obstruction conversation we should be having". Retrieved August 5, 2020.