People v. Hutt

This case presents question as to whether trial court properly found defendant guilty of obstruction of justice under circumstances where, at hospital, defendant was presented with signed search warrant seeking his blood and urine samples in conjunction with his DUI arrest, where defendant was asked at least three times to produce said samples, but ultimately refused to offer or failed to submit to any blood or urine samples at that time, and where police ultimately left without said samples, since local police policy did not allow police to physically force defendant to provide said samples. Trial court found that defendant’s recalcitrance at hospital qualified as obstruction of justice by concealment of physical evidence, and Appellate Court affirmed, after finding that: (1) evidence at issue met requirement of “physical evidence;” contained in obstruction of justice statute; (2) defendant’s actions met definition of “conceal” in terms of preventing disclosure or failing to act; and (3) defendant’s actions were knowing. Fact that police may not have informed defendant that his refusal to submit to search warrant could lead to felony charge of obstructing justice did not require different result. (Partial dissent filed.)