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Obstruction of justice or false arrest?
Those are two different perspectives emerging from the same January incident when police officers showed up at a Deep Creek man’s house looking for his friend.
Brian Savary said he was polite and asked to see the arrest warrant for the friend. Police didn’t give it. He said one of the two officers forced his way inside and handcuffed him.
The officer wrote in court documents that Savary tried to close the door on him. The same officer charged him with obstruction of justice.
Savary, 33, is scheduled to appear today in General District Court for a trial on the misdemeanor charge. He and his attorneys said they believe he was falsely arrested.
“Simply refusing to let an officer into his home – not the friend’s home, but his home – without a warrant is not obstruction of justice,” said S.W. Dawson, one of Savary’s attorneys. “That’s exercising his Fourth Amendment right.”
Savary, who has no prior criminal record, faces up to six months in jail and a maximum fine of $1,000 if convicted.
Chesapeake man faces trial on obstruction of justice charge, claims false arrest | Courts & Crime | pilotonline.com
If the cops don't have a warrant, they don't get in. That's a basis of the US Constitution. A friend of mine had the cops and animal control called to his house about him having too many dogs in violation of the city ordinance. Like fools, he and his wife were intimidated by animal control officers and the police and let them in without a warrant. When he hired a lawyer, that was the first thing the lawyer told him, that he should never have willfully allowed them into his home unless they showed a warrant.