Shawanda S. Thorne v. Commonwealth of Virginia
66 Va. App. 248
| Va. Ct. App. | 2016Background
- Officer Taylor stopped Thorne’s car for allegedly dark window tint; Thorne initially opened the driver window about 3–4 inches and gave ID.
- Officer repeatedly (at least five times) asked Thorne to roll her window down 4–6 inches so he could test the tint and to see into the rear for officer safety; he warned she would be charged with obstruction if she refused.
- Thorne vocally refused for about nine minutes, repeatedly saying “I know my rights” and refusing to exit the vehicle; she only complied after a backup unit arrived and a rear passenger window was rolled down enough for testing.
- Taylor tested the tint, found it exceeded legal limits, and issued a summons for obstruction of justice (Code § 18.2-460(A)).
- At the bench trial Thorne testified she delayed compliance because of cold/rain, children in the back seat, and a leg injury; the trial court convicted her of obstruction without force.
Issues
| Issue | Thorne's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether a refusal to roll down a car window sufficiently to allow a tint test constitutes obstruction of justice under Va. Code § 18.2-460(A) | Thorne: Her limited refusal/delay did not constitute opposition or resistance by a direct act; at most it made the officer’s task more difficult and she had just cause (weather, children, injury). | Commonwealth: Repeated, unambiguous refusals that prevented the officer from performing his duty for a significant period are obstruction without just cause. | Court: Evidence sufficient; her repeated refusals for ~9 minutes prevented the officer from performing his duty and constituted obstruction. |
Key Cases Cited
- Jordan v. Commonwealth, 273 Va. 639 (distinguishing conduct that merely makes an officer’s task more difficult from conduct that prevents performance of duty)
- Polk v. Commonwealth, 4 Va. App. 590 (obstruction requires actual hindrance or opposition by direct action)
- Molinet v. Commonwealth, 65 Va. App. 572 (refusal to obey repeated officer orders and aggressive conduct that distracted an officer supported obstruction conviction)
- Craddock v. Commonwealth, 40 Va. App. 539 (upheld obstruction conviction where defendant’s resisting delayed officers for several minutes)
- Jones v. Commonwealth, 141 Va. 471 (obstruction requires opposing or resisting the officer’s performance, not merely impeding an instrument of process)