![](/uploads/1/2/5/6/125634517/592361382.jpg)
Notes of DecisionsSpeech alone does not constitute acting in manner that prevents or attempts to prevent peace officer from performing duty. Lam, 176 Or App 149, 29 P3d 1206 (2001)“Lawful order” is not unconstitutionally vague term. Andre, 178 Or App 566, 38 P3d 949 (2002)Prohibition against refusing to obey lawful order is not facially overbroad violation of constitutional right of free speech or freedom of assembly. Illig-Renn, 341 Or 228, 142 P3d 62 (2006)Prohibition against refusing to obey lawful order is not facially vague, vague for conferring uncontrolled discretion to punish or vague for failure to give fair warning.
(b-2) Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance. Sep 10, 2016 There are few circumstances where police officers are legally obligated to make an arrest or a report. Domestic violence incidents are usually an exception. Officers are usually required to make an arrest in a DV situation if there is probable cau.
![Orc Orc](/uploads/1/2/5/6/125634517/766053395.jpg)
Illig-Renn, 341 Or 228, 142 P3d 62 (2006)Unlawful police conduct in initiating encounter does not prevent order issued during encounter from being lawful order. Neill, 216 Or App 499, 173 P3d 1262 (2007), Sup Ct review deniedTo commit crime of interfering with peace officer or parole and probation officer, person does not need to have culpable mental state with respect to lawfulness of police order. Ruggles, 238 Or App 86, 242 P3d 643 (2010), Sup Ct review deniedDefendant, who did not obey officers’ commands but instead ignored officers and continued working on vehicle, was not “engaging in passive resistance,” which means engaging in acts or techniques of noncooperation commonly associated with government protest or civil disobedience. Patnesky, 265 Or App 356, 335 P3d 331 (2014)Refusal to obey officer’s lawful order requires defendant to consciously intend to disobey officer’s lawful order, not merely fail to disobey order. Enyeart, 266 Or App 763, 340 P3d 57 (2014)Legislature excluded conduct that constitutes resisting arrest from definition of interfering with peace officer; thus, denial of motion for judgment of acquittal was in error and defendant was entitled to relief through dismissal of charges of interfering with peace officer under this section, and counts could not be submitted to jury when state charged defendant with resisting another person’s arrest and also charged defendant with interference with peace officer based on same conduct. Garcia, 278 Or App 639, 377 P3d 596 (2016), Sup Ct review allowedWhere defendant pulled away from police officer attempting to arrest defendant after defendant refused to leave area under officer direction, trier of fact could find that defendant was engaged in “passive resistance” as used in this section because that phrase refers to noncooperation with lawful order of officer that does not involve active conduct, regardless of motivation for noncooperation. McNally, 361 Or 314, 392 P3d 721 (2017).
![](/uploads/1/2/5/6/125634517/592361382.jpg)