In re Q.P.

Illinois Appellate Court
Civil Court
Obstruction of Justice
Citation
Case Number: 
2014 IL App (3d) 140436
Decision Date: 
Monday, October 27, 2014
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed.
Justice: 
O'BRIEN
Minor was charged in a delinquency petition with obstruction of justice, alleged to have furnished false information to police officer with intent to prevent his own apprehension. Officer detained minor in responding to report of vehicle burglary in progress. Minor gave officer incorrect name and incorrect date of birth. Minor was seized when officer handcuffed him and placed him in backseat of police car. For purposes of obstruction of justice statute, a person already apprehended cannot act with intent to prevent his own apprehension on other charges. As minor was already apprehended, he was incapable of having specific intent charge in delinquency petition: intent to prevent his own apprehension. (McDADE, concurring; HOLDRIDGE, dissenting.)