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Defendant's Conviction for Obstruction of Justice Reversed


July 28, 2009
Topic: Police Procedure, Stops & Searches

In the case of Marcus Antwan Atkins v. Commonwealth of Virginia, the Virginia Court of Appeals recently reversed a defendant's conviction for obstruction of justice as the court found that "mere flight" from a police officer does not constitute obstruction of justice, as it is defined under Virginia law (Va. Code 18.2-460). Moreover, the evidence presented at trial proved that the defendant made false statements regarding his identity while police were investigating a crime by him, not a crime by "another" as is required under Virginia law.

Obstruction of Justice under Virginia Code Section 18.2-4601 requires proof of "acts clearly indicating an intention on the part of the accused to prevent the officer from performing his duty, as to ‘obstruct' ordinarily implies opposition or resistance by direct action. . . . It means to obstruct the officer himself not merely to oppose or impede the process with which the officer is armed."" As the court noted, "[O]bstruction of justice does not occur when a person fails to cooperate fully with an officer or when the person's conduct merely renders the officer's task more difficult" or "frustrat[es] [his or her] investigation." Thus, "an accused's hiding or seeking ‘to escape [an] officer by merely running away [is] not such an obstruction as the law contemplates.'"

Virginia Code Section 18.2-460(D) further provides that, "[a]ny person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor." By its plain language, subsection D only applies to a false statement or representation made while the officer is investigating a "crime by another," which necessarily means a crime committed by someone other than the person making the false statement or representation. In the case at issue, the defendant made false statements regarding his identity while police were conducting an investigation of a crime by him - not "another." Accordingly, the evidence was insufficient as a matter of law to establish beyond a reasonable doubt that the defendant was guilty of obstruction of justice, in violation of either Code Section 18.2-460(A) or (D). For that reason, the Court of Appeals reversed the judgment of the trial court.  See attached opinion.

Manikas Law LLC | Visit our main website or call us at 703-873-7473 or 888-503-8075 | We offer a free, no obligation consultation by former prosecutor Kyle G. Manikas | Serving Fairfax County, Prince William County (including all Manassas courts), Loudoun County (including Leesburg), Arlington County, Alexandria, and other parts of Northern Virginia.

Attachments:
VACt.ofAppeals-Atkins.pdf


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