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Old 02-24-2009, 11:54 PM   #30
fokakya
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Join Date: Aug 2004
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Default An officer can charge you with whatever they want, just might not get away with it.

That's just plain untrue. To be charged with an offense is to be accused by the law enforcement officer of committing said offense. She could very easily have been charged with obstruction if that's what the officer chose to accuse her of. Legally, it is very possible. What is not legally possible (at least in theory, not so much in practice) is to be convicted of a crime you did not commit. That's where the courts and the burden of proof come in.

Quote:
Originally Posted by Bent Wookie View Post
Obstruction is the outright refusal to identify yourself or providing a fictitious name. One could not be charged with obstruction for providing some source of identification provided that id was indeed them. Legally, it's not possible. Thus there is much more to this story that she is not telling you.
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