Question on the 1st Amendment

[Scorpion75]

Here is the situation, a few weeks ago one of my co-workers apparently witnessed a prostitution sting outside of his apartment complex. After he saw a pattern developing of solicitation and arrest he decided that it was smart to go out on his balcony and warn people of the sting. After he told me this, I strongly advised him not to do it again,that it was interferring with official police business and he could be arrested. Today my co-worker stated that a prostitution sting happened again, and that he engaged in the same activity. From what he told me, this time one of the undercover police officers came up to his apartment and said something to the effect that "the next time you yell off your balcony warning people of my prostitution sting, I will be arresting you. However, he insists that what he was doing was protected speech. I disagree. I am pretty sure I am correct in this matter. What do you officers think?

[SnapShawt]

It's called obstruction. He's lucky, I wouldn't have given him a warning.

The 1st Amendment does not allow one to hinder the prevention of crime or the apprehension and punishment of offenders.

[mcsap]

It's called obstruction. He's lucky, I wouldn't have given him a warning.

The 1st Amendment does not allow one to hinder the prevention of crime or the apprehension and punishment of offenders.

+1. And I wonder what kind of diseases he has that he will be taking ( spreading) at the jail ? :eek:

[Citicop]

He might beat the arrest in court, but I would say that (here) there is more than enough Probable Cause to make the arrest.

If an officer gets hurt or killed as a result of your friend's mouth, he's in for a world of trouble.

Citicop.

EDIT-

I take that back. It's an easy conviction here:

Hindering prosecution.

575.030. 1. A person commits the crime of hindering prosecution if for the purpose of preventing the apprehension, prosecution, conviction or punishment of another for conduct constituting a crime he:

(1) Harbors or conceals such person; or

(2) Warns such person of impending discovery or apprehension, except this does not apply to a warning given in connection with an effort to bring another into compliance with the law; or

(3) Provides such person with money, transportation, weapon, disguise or other means to aid him in avoiding discovery or apprehension; or

(4) Prevents or obstructs, by means of force, deception or intimidation, anyone from performing an act that might aid in the discovery or apprehension of such person.

2. Hindering prosecution is a class D felony if the conduct of the other person constitutes a felony; otherwise hindering prosecution is a class A misdemeanor.

[Scorpion75]

Well he's not exactly a friend just another one of the weird people I work with. Heck, I don't even know if what he's telling me is true. He may be just talking out of his a$$.

[Johninaustin]

I wouldn't have warned him, I don't know of any officer that would.

[phantasm]

In NY it would be OGA, obstructing governmental administration.

§ 195.05 Obstructing governmental administration in the second degree.
A person is guilty of obstructing governmental administration when he
intentionally obstructs, impairs or perverts the administration of law
or other governmental function or prevents or attempts to prevent a
public servant from performing an official function, by means of
intimidation, physical force or interference, or by means of any
independently unlawful act, or by means of interfering, whether or not
physical force is involved, with radio, telephone, television or other
telecommunications systems owned or operated by the state, or a county,
city, town, village, fire district or emergency medical service or by
means of releasing a dangerous animal under circumstances evincing the
actor's intent that the animal obstruct governmental administration.
Obstructing governmental administration is a class A misdemeanor.