Legal Definitions - obstructing process

Obstructing process refers to the act of intentionally interfering with or hindering the lawful execution of a legal or governmental procedure. This can involve actions that prevent law enforcement officers, court officials, or other authorized personnel from carrying out their duties, such as serving legal documents, making an arrest, or conducting an investigation. The core idea is to impede the proper functioning of the justice system or official governmental operations.

Here are some examples illustrating this concept:

• Example 1: Hiding a Witness

  A person is aware that a court order has been issued requiring their friend to appear as a witness in a civil lawsuit. To prevent their friend from testifying, they allow the friend to stay hidden in their home, actively refusing to disclose their presence to the process server attempting to deliver the subpoena. They might even lie to the server, claiming the friend is not there.

  This illustrates obstructing process because the individual is intentionally interfering with the lawful service of a court document (the subpoena), which is a critical part of the legal process to ensure witnesses appear and justice can be served.

• Example 2: Destroying Evidence During an Investigation

  A business is under investigation by a government regulatory agency for potential financial fraud. An executive, upon learning about the impending audit and request for financial records, instructs an employee to delete relevant computer files and shred physical documents that could incriminate the company.

  This demonstrates obstructing process as the executive is deliberately destroying evidence to impede a legitimate governmental investigation, thereby hindering the agency's ability to gather facts and enforce regulations.

• Example 3: Physically Interfering with an Arrest

  During a public disturbance, a police officer attempts to arrest an individual who is actively resisting and trying to flee. Another bystander steps in front of the officer, physically pushing them back and creating a barrier, allowing the resisting individual a chance to escape.

  This is an example of obstructing process because the bystander is actively and physically interfering with a law enforcement officer's lawful duty to make an arrest, directly impeding the execution of a legal procedure.