So I come across this press release of an arrest made by the Scottsdale, Arizona Police Department of
Obstruction Of Government Operations
Event date: Thursday, August 28, 2008, from 12:00 AM to 11:59 PM
Date: 08/27/08
Time: 11:45 PM
Report #: 08-24282
Location: 6800 E. Shea Blvd.
Victim Info:
Suspect Data: Jason Shelton, W/M, 35 yrs old, Scottsdale resident
Details:
On Wednesday, August 27th at about 11:45 PM, SPD was called to the area
of 6800 E. Shea Blvd. in reference to three individuals holding protest
signs and blocking operation of the photo enforcement van at that
location. Upon arrival, SPD officers arrested one individual for
Refusing to Provide Truthful Name and
Obstructing Government Operations. It was also learned the same individuals had done the identical thing at two other van locations earlier in the evening.
The City of Scottsdale, including the Police Department, respects and
protects an individual’s right to stage and/or participate in a lawful
demonstration. However, behavior such as the intentional obstruction of
a contracted photo enforcement van’s operation is not lawful and
subject to enforcement action.
I linked to the charges above, but here is the text [my bolding to emphasize] of the pertinent
Arizona Revised Statutes:
13-2412. Refusing to provide truthful name
when lawfully detained; classification
A. It is unlawful for a person, after being advised that the person's refusal to
answer is unlawful, to fail or refuse to state the person's true full name on request of
a peace officer who has lawfully detained the person based on reasonable suspicion that
the person has committed, is committing or is about to commit a crime. A person detained
under this section shall state the person's true full name, but shall not be compelled to
answer any other inquiry of a peace officer.
B. A person who violates this section is guilty of a class 2 misdemeanor. (maximum penalty: 4 months + $750)
13-2402. Obstructing governmental operations;
classification
A. A person commits obstructing governmental operations if, by using or threatening
to use violence or physical force, such person knowingly obstructs, impairs or hinders:
1. The performance of a governmental function by a public servant acting under
color of his official authority; or
2. The enforcement of the penal law or the preservation of the peace by a peace
officer acting under color of his official authority.
B. This section does not apply to the obstruction, impairment or hinderance of the
making of an arrest.
C. Obstructing governmental operations is a class 1 misdemeanor. (6 months + $2,500)
There were three individual's picketing/ protesting a photo radar van
west of Scottsdale Road at the intersection of 68th Street and
Scottsdale Road, Scottsdale, Arizona. The photo radar guy operating
the van calls the cops. Six units show up. After asking what they are
up to, Shelton asks if he is under arrest or being detained. They say
no. He says am I free to leave? They say no. This goes on until they
get tired of Shelton repeating the mantra AND refusing to provide his
name. So they arrest him.
The other two guys with him cooperate.
They are not arrested, nor told they must leave. They are simply told
they are free to go. Two of the cops acknowledge they are doing
nothing illegal. One of the other cops earlier had asked to see their
"sign permit." He left when told they were protesting using the only
permit they needed ... the Constitution.
The above comes from an interview I did with one of the two
not arrested protesters. The event was videotaped. The battery ran out at some
point before the cops left, but after Shelton's arrest. It will
be interesting to see how far away from the van they were. It is
stated by my interviewer at no time did they ever touch the van, nor
talk to the occupant.
The photo radar operator is a contract employee with a private
company and not a sworn or certified peace officer, nor government
employee. The photo radar van and equipment is not considered a
traffic control device under Arizona law.
So the problem is, if the three were Obstructing Government
Operations, why was only Shelton arrested? Why were not the other
two individuals told to leave upon their release and not further
obstruct the operation of the photo radar van?
No clearly, Shelton was arrested as was stated in front of witnesses
and a camera at the time of refusing to provide his name. That is
not a crime unless one is under detention for suspicion of having
committed a crime. Clearly Shelton was not being detained for
suspicion of a crime so he was under no legal obligation at that point
to provide his name to police. Clearly the Obstructing Government
Operations was added later to justify the initial arrest, but as can be
seen that does not apply either. He has no interaction with
either a public servant nor a peace officer with respect to the photo
radar van. Nor was violence nor physical force in evidence.
Hopefully the police report will be available tomorrow and shed some
light of these questions.
People should be concerned because whole the City of Scottsdale
claims they respect AND PROTECT a person's Right to protest, in
the next sentence they claim that the arrest was for interfering with
"a contracted photo enforcement's van operation." That may
be true. A demonstration may interfere with a contracted photo
enforcement's van operation, but so far that is not against the
law. False arrest is a crime. So is adding false charges.
-----------------------------------
Shelton refused to give his name and particulars the ENTIRE time he
was there. He was held in a concrete cell that was cold and
completely empty...not even a bench to sit on. A detainee in
Scottsdale's Little Guantanamo. He asked for a pen and
paper. When asked what for, he replied to write a writ of habeas corpus to see a judge. They told him no.
He was transported to Old Town later that morning where he was
placed into an identical room. He was brought before a Judge
James Blake about 9 AM [times are very approximate because Shelton had
no access to a clock] on the SINGLE charge of Refusing to Provide Truthful Name.
He again refused to give his name and address to the judge saying he
wanted to contact his lawyer first. He was placed into a room
with a phone and phone book but was too disoriented to find his
lawyer's phone number, so they yanked him out and took him back to the
cell. Around 11AM he was brought before Judge Blake again.
The Judge let him go ON HIS OWN RECOGNIZANCE (OR)!!!! How often
does that happen? A real desperado.
But the cop instead took him back to his cell telling the judge they
were not through with him, and informed Shelton no way was he being let
go until he had his photos and fingerprints taken. Now
understand, he had just been released OR by the judge at 11AM. He
didn't get out until over six hours later, and that was after the
second charge of Obstructing
Government Operations was added by a cop named Alexander.
He was brought before a second Judge Monty Morgan for the second charge
and again ordered released OR.
Shelton refused to cooperate in giving his fingerprints
a second time (around 3PM) and the
cop stomping down on his bare feet, breaking a toe to force
compliance! As an added aside, the photo Scottsdale PD released
was an old booking photo... they did not use the one's they
took...because Shelton was smiling even more than in the photo you see.
They didn't like that.
