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TITLE Supreme Court Decision 2017Do9458 Decided September 26, 2017¡¼Obstruction of Official Duty¡½ [full Text]
Summary
[1] When taking into custody a person sentenced to a fine for the purpose of executing detention in workhouse, whether a judicial police officer has to present a warrant of execution of punishment issued by a prosecutor (affirmative)
Meaning of ¡°in case of urgency (exigent circumstances),¡± which is when a police officer may take the person into custody without presenting a warrant
In this context, in the event a judicial police officer informs a person, who is subject to the execution of workhouse detention for arrears in fines, of the fact that he/she is wanted for the arrears, along with the grounds for the penal execution, whether the officer can be deemed to have informed also the fact that a penal execution warrant is issued, either in addition to, or by inclusion in, what has already been communicated (negative in principle)
Whether such performance of duty by a judicial police officer constitutes lawful performance of duty (negative)
[2] In a case where Police Officer A: (a) encountered on a road patrol the Defendant who was wanted for failure to pay fines; (b) informed the same of the arrears in fines and attempted to induce him/her into payment; but (c) when the Defendant refused to oblige, attempted to take him/her into custody for the purpose of executing detention in workhouse for arrears in fines, and where the Defendant: (a) resisted and assaulted A; and (b) was indicted on charges of obstructing a police officer¡¯s performance of duty to apprehend a person wanted for the payment of fines, the case affirming the lower judgment holding the Defendant not guilty of the charges on the ground that A¡¯s performance of duty was unlawful in light of the fact that in the course of taking the Defendant into custody, A failed to inform the Defendant of the fact that a penal execution warrant was issued
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