Expert: Robin Sexton - 5/14/2008

Question
What constitutes a "materially" false statement or representation?

In Fairfax County, Virginia, My daughter had given a ride to a friend and the friend's boyfriend.  A short time later her friend witnessed the boyfriend commit a robbery.  When boyfriend ran, and the girl called my daughter back to pick her up.  The girls then tried unsuccessfully to locate the boyfriend by calling and going to several nearby friends houses.  Several miles down the road, after deciding to return home, the girls were stopped by an under cover officer.

When questioned, my daughter responded with "I don't know" to all questions relating to the robbery and the suspect's whereabouts.  When questioned about her own whereabouts during the timeframe in question, she stated that she had gone to get something to eat and did not volunteer any information about searching for the boyfriend or her whereabouts after dropping them off.

The officer then informed her of everything she had done and everywhere she had gone during that time, telling her that she had been under surveillance.  She was charged her with obstruction for "lying".  The next day we found out that the boyfriend had been under surveillance for suspicion of drug trafficking, and that the robbery was actually theft of under cover purchase money.

So... since my daughter's statements did not actively "oppose, impede, or prevent" the officer from performing his duty, is this truly obstruction? Does the 1st amendment allow someone to make ambiguous or incomplete statements during an investigation?  Does the 4th amendment keep knowledge or information from being compelled or "seized" without being under oath?  Does the 5th amendment protect against volunteering this sort of information during an investigation?  

Answer
Patty,

Interesting case facts.  The answers would probably keep several lawyers arguing about it for weeks.  I am sure there will be others that will disagree with my interpretation but i will give it a shot.      
   Your last two questions regarding the 4th and 5th amendment I will respond to first. Basically you can not be forced to give testimony against yourself.  However in this fact situation these issues are moot.  Because your daughter was not in custody, was therefore not subject to being advised of her preinterview rights. Therefore anything she relayed even though potentially incriminating her were given voluntarily therefore admissible.
    The question regarding the 1st amendment is allot easier.  The first amendment allows for freedom of speech.  Meaning government can not restrict what someone says ( with a few exceptions).  Therefore your daughter was free to say what ever she wanted, the unwritten caveat to that is that you then need to take responsibility for what you say.
    The actual question that you may have is, did my daughters answers reach the level of obstruction ?  In my state lying to the police is seldom prosecuted as a crime.  In Federal cases it is a lot more common.   The case law is very confusing.  My opinion and my opinion only.  Your daughters statements as expressed in your question appear to lack the necessary clarity and intent to constitute obstruction.  Just remember i don't practice law in Virginia.  Contact a competent criminal lawyer in your jurisdiction and have your daughter discuss the case facts with him or her.  A simple solution could be to provide a complete and accurate statement to the prosecutor to aid in the prosecution of her friends boyfriend.

Good luck

Robin