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TITLE	Supreme Court Decision 2017Do9458 Decided September 26, 2017【Obstruction of Official Duty】 [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

TITLE

Supreme Court Decision 2017Do9458 Decided September 26, 2017【Obstruction of Official Duty】 [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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