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TOPEKA POLICE DEPARTMENT |
Number: LB 04-02 |
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LEGAL BULLETIN |
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SUBJECT: OBSTRUCTION OR INTERFERENCE WITH LAW ENFORCEMENT OFFICERS |
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AMENDS: |
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STATUTE REFERENCES: City Code § 54-73 |
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ISSUING AUTHORITY: John Knoll, City Attorney |
DATE ISSUED: 7 Jun 2004 |
On May 11, 2004, by a 9-0 vote, the City Council adopted Ordinance No. 18233 that makes changes to § 54-73, Interference With a City Officer or Employee. The Council's action legislatively overrules Municipal Judge Pro Tem Matt Works decision in City v. Brian Wahweotten, Case No. 2003-23865 (TPD Case No. 25555-03) that said a police officer investigating an incident is not a "City officer employed in the performance of any other duty." The ordinance was published and became effective on May 19, 2004.
The new ordinance, a copy of which is attached hereto, significantly broadens the existing ordinance, and now clearly prohibits obstruction or interference with law enforcement officers in the performance of their duties. Obstruct or interfere is defined as "any statement or act that impedes a law enforcement officer's investigation of activity that is suspicious, illegal or threatens the safety of any person or property." Intentionally providing false information is also covered. Although the ordinance covers statements made to police, please keep in mind that citizens have a constitutional right to verbally abuse police officers as long as their speech does not amount to obscenity or fighting words. Houston v. Hill, , 482 U.S. 451, 461, 107 S.Ct. 2502, 96 L.Ed.2d 398 (1987).
The definition of law enforcement officer is also significantly expanded, and includes any federal, state or city law enforcement officer with arrest powers - regardless of whether they are on or off duty, and other law enforcement officers as defined by state law, including school police, university police, parole officers, railroad police, and members of the Topeka Police Department Reserves and the Shawnee County Sheriff's Office reserves.
Please update your cheat sheets to refer to § 54-73(b) for Interference With Or Obstruction of a Law Enforcement Officer, and make sure that you cite § 54-73(b) on any citation you issue for this violation. Otherwise, municipal court clerks will likely enter it as the first choice in their list (§ 54-73(a)), and the charge will likely lead to a not guilty finding by municipal judges. Please advise if you have any questions about this ordinance.
John J. Knoll
Assistant City Attorney & Police Legal Advisor
City of Topeka, Kansas
jknoll@topeka.org