People v. Mehta

Defendant was convicted of obstruction of a peace officer. Defendant was a passenger in SUV during a traffic stop for report that a man with a handgun was threatening another person. Officer instructed Defendant to exit the vehicle with his hands raised and to turn around once he was out of the car. Defendant did not put his hands in the air and did not turn around after officer commended him multiple times to turn around, but walked toward officer and was placed into custody. Officer’s total interaction with Defendant was 3 minutes. Obstruction of a peace officer is committed only where a defendant’s conduct creates an obstacle that materially impedes or hinders the officer in the performance of his authorized duties. Although delay was brief, it created a material impediment to officer’s investigation, as traffic stop was at night in an area known for gang activity, on suspicion that the vehicle occupants possessed a firearm.  (McDADE and WRIGHT, concurring.)