Failure To Comply With A Police Officer

We usually see a “failure to comply with police officer” charge tacked on to other charges. Rarely do we ever encounter someone who simply willfully failed to comply with a police officer.

It is usually one of two situations:

Confusion Or Misunderstanding

Sometimes drivers just don’t understand what a police officer is trying to communicate, or are confused by what the officer said. For example, consider a situation where a police officer gives a driver two conflicting and confusing commands like “keep your hands where I can see them” and “show me your license and registration”. Well, which is it? Keep your hands where the officer can see them, or reach into your pocket for your wallet to get your license?

Another example might be a policeman directing traffic. Sometimes it looks like police are just waiving their arms around. Throw in some seemingly randomly placed traffic cones, and maybe it’s dark outside, and it can be difficult to understand where the police want you to drive.

Either of those situations frequently result in an irritated and annoyed officer who then adds a “failure to comply” criminal charge on top of some other charges.

Failure To Respect My Authority

If you’ve seen the Southpark episode where Cartman is a police officer, then you understand this dynamic. A “failure to obey” charge is often the result of a police officer who feels disrespected. Most people do not intentionally disrespect police (check out this post on how to maximize the chances for a smooth traffic stop) but police can still feel disrespected even if that was not your goal. Things that cause police to feel disrespected can include:

Asserting your rights.

This could include such outrageous behavior like invoking your right to remain silent or not consenting to a search of your vehicle.

Not doing what an officer wants quickly enough.

For example, a police officer pulls up behind you and turns on his lights. There is no runoff or anywhere to pull over without blocking the highway, so you continue on about a half mile until you find a safe spot to pull over. This can infuriate an officer because you did not pull over immediately, even though it would have been unsafe to do so.

Refusing to comply with an illegal command.

Police frequently lie, often in an effort to coerce people into giving up their rights. This lying can include commands to do things you do not have to do. If you are knowledgeable and refuse to comply with an illegal request, this makes some officers very angry. An example is an officer who demands you produce your I.D. when he stops you as you are walking down the sidewalk, and your only legal obligation is to provide your name.

In short, if you make an officer feel annoyed, irritated, angry, or otherwise put-out, you may be charged with failing to respect failing to comply.