OBSTRUCTION OF JUSTICE: MAKING FALSE STATEMENTS TO THE POLICE

Today I’d like to discuss the crime of false reporting. Actually, I'll be referring to the crime of making a false or misleading statement to a public servant, which is commonly known as "false reporting." I recently represented another lawyer on this charge and thought that I should warn others about what the police may do to you if you are rude to them or are otherwise difficult. The lawyer I defended on the charge of false reporting was admittedly rude to the police and made sure they knew she was a lawyer. The cops weren’t happy with the way she talked to them, so they stacked up a few charges against her, one of which was false reporting.

The police claimed that the lawyer left out the last part of her last name when she was asked to identify herself. I am writing about this charge because the police frequently use it to punish someone who made them angry or irritated or to punish someone they just don’t like. So be careful when the police stop you for investigative purposes. You can assert your constitutional rights, but be polite about it. The police often make up false allegations of false reporting against people who mouth off to them.

The actual title of the crime appears as “Making a false or misleading statement to a public servant” in RCW 9A.76.175. That statute says:

"A person who knowingly makes a false or misleading material statement to a public servant is guilty of a gross misdemeanor. "Material statement" means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties."

Back in 1982, the Washington State Supreme Court found that the statute defining obstructing a law enforcement officer, which had similar wording to our current statute defining false reporting , was unconstitutional. The court reasoned that the term, “public servant” was too vague. So there may be a way to attack the statute on constitutional grounds if you are charged with this offense.

The public servant must be discharging official duties at the time you make a false or misleading statement. The courts have recognized the acts of making an arrest, stopping a suspect to investigate, and requesting ID while investigating a crime as official duties performed by the police.

Aside from attacks concerning the validity of the statute, you can also challenge the police claim that your statements were “material.” Also, if the police weren’t making an arrest, requesting ID, or investigating a crime at the time they cite you for false reporting, you can argue that they weren’t discharging official duties.

Again, one of the best ways to avoid this charge is to be polite to the cops. They have all of the power in many situations, even if you’re a lawyer. They often make up facts to support a charge of false reporting if you give them a hard time.