posted on Jul, 22 2010 @ 05:56 AM
Obstruction of justice works both ways. It all depends upon the circumstances. If the police officers were operating in jurisdictional bounds then
they either suspected you were committing a crime, had committed a crime, or fit the description of someone who had recently committed a crime. Under
these circumstances they have jurisdiction, and every right to ask you your name. You have not shared much information about why the police have
asked for your name.
If you were walking along, or even driving along minding your own business, and were pulled over by the police, the first thing you want to do is
politely ask the police if you are being detained. If the answer is yes, then politely ask if they suspect you of committing a crime, or if you fit
the description of someone who has recently committed a crime. If the answer is yes, now you know why you are being detained, and co-operating in the
most cautious way possible is prudent. Giving them your name is probably a good idea, if they ask for it at that point, and then remaining silent is
best. Except it is not a bad idea to inform them that you want to co-operate with them as best you can because you are in fear for your life, since
they are armed.
If, on the other hand, when you ask the police if you are being detained, and they answer that they just want to ask you a few questions, which is
probably how they will answer, indirectly to your direct question, ask the question again. "Am I being detained". If the police answer that
question directly with a no, then clarify if you are free to go. If they answer yes, then leave. If they answer no, then clarify again if you are
being detained. If they get defensive, and begin using your valid questions as an excuse to intimidate you, respectfully inform them that you wish to
fully co-operate to the best of your ability because you are in fear for your life, since they are armed.
If they continue to intimidate you, ask respectfully that they call the duly elected Sheriff to the scene. If they ask why, inform them that you are
skeptical of the jurisdiction in the matter, and would like a duly elected Sheriff or Deputy Sheriff present so that due process of law may be
afforded you. If they begin threatening you with obstruction of justice charges at this point, respectfully inform them that you believe that there
is an obstruction of justice taking place, but that it is not you obstructing justice, and very well could be them, and if that is the case, then
those police officers might be guilty of acting under color of law, impersonating a police officer, malicious prosecution, illegal detainment, and
simulation of legal process, to name just a few other crimes.
If, after informing them of this, they ask you if you are threatening them, make clear that as a law abiding citizen you are doing your due diligence
in informing citizens of the law. If they persist in your detainment at this point, politely make clear that you are challenging the jurisdiction and
that they have a sworn duty to prove on record jurisdiction in order to move forward with whatever actions they intend to take against you. Also,
keep requesting that a duly elected law enforcement officer, such as the Sheriff, or Deputy Sheriff be present.
These are not magic words that will magically prevent rogue police officers from abusing their authority, but many times police officers know the law
well enough to know that if they have no jurisdiction that now is the time to respectfully let you go on your way. Either way, always be respectful.
If they do arrest you for obstruction of justice, continue making it clear, each step of the way, that you are challenging jurisdiction. If you wind
up getting booked, and then go before a judge, do not plead to any charges, and continue to challenge the jurisdiction. Make clear that jurisdiction
must be shown. A judge is far more likely to understand what it is you are saying, and at this point will most likely begin questioning the police
officers. If the judge determines that you are right, he will most certainly dismiss the case for want of subject matter jurisdiction.
If this happens, you now have evidence of a crime being committed, and that crime, or crimes, was the illegal detainment by those police officers,
simulation of legal process, impersonating a police officer, (without proper jurisdiction police are not acting in an official manner and instead
acting as private citizens without immunity of their profession), and of course, obstruction of justice. You can, if you chose, swear a verified oath
to a Sheriff that these crimes have been committed and have those police officers arrested, or you can begin the process of filing a Title 42 law
Because this is true, and if you are being illegally detained, police officers generally will not arrest you, and take you to jail, as they are
usually aware of the damage this can cause them. It is important to make clear, as politely as possible, and as soon as possible, that jurisdiction
is being challenged, so there is no confusion, and they can not legally construe any co-operation on your part as a waiver of your right to due
process of law.